After working in the factory for six years, there is compensation for resignation

If the employee unilaterally submits his or her resignation in writing to the employer on his own initiative, the employer shall not pay severance in accordance with Article 1 of the Labor Law.

Article 28 of the Labor Law If an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall provide economic compensation in accordance with the relevant provisions of the State.

Article 31 of the Labor Law An employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.

Legal analysis: If the employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law after working in the factory for five years, the employer shall pay economic compensation to the employee.

Legal basis: Labor Contract Law of the People's Republic of China

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

Article 87 Where a unit that uses a land-based employee 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.

Legal analysis: If the worker works in the factory, if the worker voluntarily resigns, there is no compensation. If forced to resign there is.

Severance shall be paid to the worker according to the number of years of service in the employer 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.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit. 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.

Hi, dear consultant, according to the question you just asked me, it is the issue of compensation for illegal termination of labor relations, and according to the relevant provisions of my "Labor Contract Law", the employer shall pay double compensation for unilaterally and illegally terminating the labor contract. The standard of compensation is paid according to the number of years of service, and one month's salary is paid after one year of service. Half a salary is paid for less than six months of service, and one month's salary is paid for less than six years of service.

Don't worry, you can apply directly to the labor arbitration commission for arbitration to protect your legitimate rights and interests. I have collected all the relevant legal provisions for you, you can refer to the "Labor Contract Law" of our country stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this law, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law. Therefore, if the employer illegally terminates the labor contract, it is required to pay compensation to the employee at twice the amount of the severance payment.

The standard of severance is as follows: severance is paid according to the number of years of service of the worker, and one month's salary is paid for each full year; If it is less than 6 months, half a month's salary will be paid; if it is more than 6 months but less than one year, one month's salary shall be paid; If the employee's monthly salary is three times higher than the employee's average monthly salary, the maximum payment period shall not exceed 12 years.

Legal analysis: If the circumstances stipulated in Article 46 of the Labor Contract Law are met, the employer shall pay severance to the employee, and the employer is not required to pay compensation if the employee voluntarily resigns.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The labor contract is terminated in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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