If the compensation for being fired by the company is not enough, you do not need to sign. The employer is required to pay the compensation before signing for confirmation.
Whether the employer should pay compensation or compensation to the employee when it fires or lays off the employee can be divided into the following three situations:
1. The employer and the employee terminate the labor relationship without any legal reason , and no financial compensation was paid. The employee does not fall under the circumstances stipulated in Article 39 of the Labor Contract Law. It can be determined that the employer’s behavior falls into the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation should be paid, that is, Pay 2 months' salary for each year of work, commonly known as 2N;
2. The employer terminates the labor relationship with the employee in accordance with the circumstances stipulated in Article 19 of the "Regulations on the Implementation of the Labor Contract Law", among which the " According to Article 46 of the Labor Contract Law, you should be paid economic compensation, that is, one month's salary for each year of work, N; it complies with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance of the repayment. An additional month's salary should be paid as payment in lieu of notice, commonly known as N 1;
3. If the employee falls under the circumstances specified in Article 39 of the "Labor Contract Law" and the employer proposes to terminate the labor relationship, the employer shall not No financial compensation needs to be paid, and no advance notice is required; however, this requires the employer to provide evidence and notify the employee in writing of the termination of the labor relationship.
Article 39 of the "Labor Contract Law" If an employee has any of the following circumstances, the employer may terminate the labor contract: (1) During the probation period, he is proven to be unqualified. Conditions of employment;
(2) Serious violation of the employer’s rules and regulations;
(3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer;
(4) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes;
(5) The labor contract is invalid due to the circumstances specified in Article 26, Paragraph 1, Item 1 of this Law;
(6) Being held criminally responsible in accordance with the law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
(1) The employee is sick or injured not due to work, and after expiration of the prescribed medical treatment period, he is unable to engage in the original job, nor is he unable to engage in another job arranged by the employer;
(2) The employee is not qualified for the job and is still not qualified for the job after training or adjusting his job position;
(3) The objective circumstances on which the labor contract was concluded have undergone major changes, resulting in the failure of the labor contract to be performed, and the employer has The unit negotiates with the employee and fails to reach an agreement on changing the contents of the labor contract.
Article 46 If any of the following circumstances occurs, the employer shall pay economic compensation to the worker:
(1) The worker shall comply with the provisions of Article 38 of this Law To terminate the labor contract;
(2) The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of this Law and negotiates with the employee to terminate the labor contract;
(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 Article 41, Paragraph 1 of this Law;
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(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.
(6) Termination of the labor contract in accordance with the provisions of Article 44, Item 4 and Item 5 of this Law;
(7) Other matters stipulated by laws and administrative regulations situation.
Article 47: Economic compensation is paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.
Article 87: If an employer violates the provisions of this Law by rescinding or terminating a labor contract, it shall pay compensation to workers in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.
Article 19 of the "Regulations for the Implementation of the Labor Contract Law" Under any of the following circumstances, the employer may terminate the fixed-term labor contract or the indefinite-term labor contract with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law Labor contract or labor contract with a term of completing certain work tasks:
(1) The employer and the employee reach an agreement through negotiation;
(2) The employee is certified during the probation period Those who do not meet the employment conditions;
(3) The employee seriously violates the rules and regulations of the employer;
(4) The employee seriously neglects his duties, engages in malpractice for personal gain, and causes major consequences to the employer. Damage;
(5) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes;
(6) The employee uses fraud, coercion or takes advantage of others' danger, and the employer concludes or changes the labor contract against the true intention;
(7) The employee is investigated for criminal prosecution in accordance with the law Responsible;
(8) The worker is sick or injured not due to work and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in other work arranged by the employer;
(9) The employee is not qualified for the job and is still unable to do the job after training or adjusting his job position;
(10) The objective circumstances on which the labor contract was concluded have undergone significant changes, resulting in The labor contract cannot be performed, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation;
(11) The employer reorganizes in accordance with the provisions of the Enterprise Bankruptcy Law;
(12) The employer encounters serious difficulties in production and operation;
(13) The enterprise changes production, makes major technological innovations or adjusts its business methods, and still needs to lay off employees after changing the labor contract. ;
(14) Other major changes in the objective economic conditions based on which the labor contract was concluded make it impossible to perform the labor contract.