How to compensate a man over 50 years old if the employer breaches the contract

If the employer complies with Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer and require the employer to pay compensation (one month's salary for each year of service).

Labor Contract Law

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Your employment contract is still valid. As for whether it is legal to ask you to resign, it depends on whether they have a valid reason for dismissal. If you don't have it, it's against the law.

You will be compensated to a certain extent. It is recommended to negotiate first, and if the negotiation fails, it will be labor. 1. If the employer terminates the labor contract through negotiation with you, it shall pay severance in accordance with Article 47 of the Labor Contract Law.

That is, the worker is paid one month's salary and six months for each full year of work in the unit.

If the employee has signed an indefinite term contract or has been retired for less than five years, the employee's termination of labor without cause is also an illegal termination of the labor contract and compensation needs to be paid.

If you are an employee with an indefinite contract, if you want to terminate the contract, you can only negotiate the termination, otherwise you will be suspected of illegally terminating the contract. Normally, the employee is paid one month's salary every year according to the length of service, but the contract must be negotiated for an indefinite term. Otherwise, double severance will be paid.

1. One month's salary is paid for each full year.

1. If a female employee is over 50 years old, her labor contract will be terminated without severance payment. Article 21 of the Regulations for the Implementation of the Labor Contract Law clearly states that the labor contract shall be terminated if the employee reaches the statutory retirement age. For workers who have exceeded the statutory retirement age and are willing to continue working, the relationship between the employer and the employee may be handled as a labor relationship, and the rights and obligations of both parties shall be adjusted in accordance with the civil legal relationship.

2. If a male employee has not yet reached the statutory retirement age, whether there is economic compensation or compensation needs to be analyzed according to the reason for dismissal, if the employer proposes to terminate the labor contract through negotiation between the two parties, the employee shall be paid economic compensation according to the number of years of service in the unit, and one month's salary shall be paid for each full year. If the employer dismisses the employee without cause, it is an illegal termination of the labor contract, and the employee may apply for labor arbitration to demand continued performance of the labor contract or to pay compensation. The compensation is calculated at two months' wages for each year of service, and one month's salary for the part less than half a year.

If the employer dismisses the employee in accordance with Article 39 of the Labor Contract Law (negligence), it is not required to pay severance compensation.

Interim Measures on the Retirement and Retirement of Workers

Article 1 Workers of enterprises, public institutions, party and government organs, and mass organizations owned by the whole people who meet one of the following conditions shall retire:

1) Men must be at least 60 years old, women must be at least 50 years old, and have worked continuously for 10 years.

Regulations for the Implementation of the Labor Contract Law

Article 21 The labor contract shall be terminated when a worker reaches the statutory retirement age.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Hello! If the employer terminates the labor relationship with you (or dismisses you) in the following three situations, which situation should you pay severance or compensation but does not pay you, you can apply for free labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation:

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, if you have not been notified 1 month in advance, you can also claim payment in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if you terminate the labor contract.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

Hello. You can claim severance payments from one month's salary for one year.

M+1, you can pay one month for each year of service.

Compensation for one month's salary for each full year.

How many years of service, how many months of salary to compensate.

If the labor contract can be terminated, the employee and the employer shall reach an agreement through negotiation and pay economic compensation in accordance with the relevant provisions of the Labor Contract Law. If there is any illegal termination of the labor contract, the employee has the right to report it to the labor bureau or the arbitration commission.

Hello, the female employee has reached the retirement age at the age of 50 and should go through the retirement procedures, and cannot continue to work in the enterprise as required by the original contract. If they are still working in the original enterprise, the two parties are no longer in an employment relationship, and the original contract is not binding on both parties in principle. Wuxi lawyer Zhou Bin.

What is the reason given by the unit? There is no problem with a cancellation in accordance with the law.

If there is a term contract, the employer may terminate the contract upon the expiration of the contract, but must pay the economic compensation to the parties, and generally one year's length of service shall be calculated according to one month's salary;

However, if the employment contract is signed with an indefinite term, if the employer wants to terminate the employee, it shall first negotiate with the parties concerned and make corresponding compensation, and the compensation standard shall be higher than the wage standard of one month for one year of service.

Yes, the retirement age is 60 years old, and the labor contract law stipulates that if the retirement is less than five years away, the enterprise shall not terminate the labor contract.

Under normal circumstances, if a female employee reaches the age of 50 and has reached the retirement age, the employer does not need to pay severance if the employer terminates the labor contract.

Interim Measures on the Retirement and Retirement of Workers

Article 1 Workers of enterprises, public institutions, party and government organs, and mass organizations owned by the whole people who meet one of the following conditions shall retire:

1) Men must be at least 60 years old, women must be at least 50 years old, and have worked continuously for 10 years.

Regulations for the Implementation of the Labor Contract Law

Article 21 The labor contract shall be terminated when a worker reaches the statutory retirement age.

If the company does not renew the labor contract, it needs to give you severance for the employee Please refer to Article 44 46 47 of the Labor Contract Law of the People's Republic of China.

If the employee originally signed a fixed-term employment contract, and after the expiration of the employment contract, does not meet the conditions for signing an indefinite-term employment contract, the employer has the right not to renew it.

However, severance is required to be paid according to the number of years of service provided (from 1 January 2008).

If the employee has worked in the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age, he or she cannot dismiss a male employee in accordance with Article 14 of the Labor Contract Law.

If a male employee has not worked in the employer for 10 consecutive years, the contract expires and the labor contract is not renewed. In accordance with Articles 44, 46 and 47 of the Labor Contract Law, financial compensation shall be given.

Please refer to Article 1 of the Labor Contract Law and Article 1 of the Regulations for the Implementation of the Labor Contract Law, which stipulates that the employer shall pay you economic compensation and issue you with a certificate of termination of the employment contract.

If the employer falls under the circumstances specified in Article 38 of the Employment Contract Law, you may terminate the employment contract at any time and claim economic compensation in accordance with Article 46.