Extended data

The dissolution of labor relations (or dismissal or dismissal) between employers and employees can be divided into the following three situations: 1. The employer and the employee can't terminate the labor relationship by reason and have not paid the economic compensation, and the employee does not have the situation stipulated in Article 39 of the Labor Contract Law. It can be concluded 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 compensation should be paid, that is, 2. If the employer terminates the labor relationship with the employee according to the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it meets the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary for each year of work, n; In accordance with the provisions of Article 40 of the Labor Contract Law, if the employee is not notified 1 month in advance, he shall also pay 1 month's salary as payment in lieu of notice, commonly known as n+1; 3. The employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and if the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or advance notice; However, this requires the employer to provide evidence and notify the employee in writing to terminate the labor relationship.

1, according to the regulations, it should be settled when the work is handed over, but the general unit will only settle when the salary is paid next month.

2. Article 9 of the Interim Provisions on Payment of Wages stipulates that if the labor contract is dissolved or terminated by both parties to the labor relationship according to law, the employer shall pay the employee wages in one lump sum when dissolving or terminating the labor contract.

(1) There are 1 1 cases where the employer should pay economic compensation when the employee terminates the labor contract:

1. The employer fails to provide labor protection or working conditions as agreed in the labor contract, and the employee terminates the labor contract;

2. The employer fails to pay the labor remuneration in full and on time, and the employee terminates the labor contract;

3. Where the wage paid by the employer is lower than the local minimum wage, and the employee terminates the labor contract;

4. The employer fails to pay social insurance premiums for the workers according to law, and the workers terminate the labor contract;

5. The rules and regulations of the employing unit violate the provisions of laws and regulations, damage the rights and interests of workers, and the workers terminate the labor contract;

6. The employing unit uses fraud, coercion or taking advantage of a person's danger to make the employee conclude or change the labor contract against his true meaning, which makes the labor contract invalid and the employee terminates the labor contract;

7. The employing unit exempts itself from legal responsibility and excludes the rights of the workers, which makes the labor contract invalid and the workers terminate the labor contract;

8. The labor contract concluded by the employing unit violates the mandatory provisions of laws and administrative regulations, which makes the labor contract invalid and the employee terminates the labor contract;

9. The employer forces labor by means of violence, threat or illegal restriction of personal freedom, and the employee terminates the labor contract;

10, the employer illegally directs and forces the risky operation to endanger the personal safety of the employee, and the employee terminates the labor contract;

1 1, other circumstances stipulated by laws and administrative regulations.

(II) There are 12 cases in which the employer should pay economic compensation to the employee when dissolving or terminating the labor contract:

1. The employer proposes that both parties dissolve the labor contract through consultation.

2. The employee is sick or injured at work, and cannot engage in the original work after the prescribed medical treatment period expires, nor can he engage in other work arranged by the employer, and the employer terminates the labor contract;

3. The employee is not competent for the job, and after training or job adjustment, he is still not competent for the job, and the employer terminates the labor contract;

4. The objective conditions on which the labor contract was concluded have changed greatly, which makes the labor contract impossible to perform. After consultation between the employer and the employee, the employer fails to reach an agreement on changing the contents of the labor contract, and the employer terminates the labor contract;

5, the employer in accordance with the provisions of the enterprise bankruptcy law, restructuring, according to the law to reduce staff;

6, the employer has serious difficulties in production and operation, according to the law to reduce personnel;

7, enterprise production, major technological innovation or operation mode adjustment, after the change of the labor contract, still need to lay off employees, and the employer lays off employees according to legal procedures;

8. Other major changes have taken place in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract, and the employing unit has reduced its staff in accordance with legal procedures.

9. When the labor contract expires, the employee agrees to renew the labor contract, and the employer does not agree to renew the labor contract, and the employer terminates the fixed-term labor contract;

10. The employer is declared bankrupt according to law and the labor contract is terminated;

1 1. The labor contract is terminated because the business license of the employing unit is revoked, ordered to close or cancel, or the employing unit decides to dissolve it early;

12, other circumstances stipulated by laws and administrative regulations.

China's "Labor Law" clearly stipulates the relevant salary settlement after employees leave their jobs. For the relevant salary settlement of employees, first of all, the employer must make clear the compensation and salary settlement that it should give to employees. If the two sides have disputes over these issues, they can negotiate directly. If negotiation fails, it can be directly submitted to labor arbitration.