The termination of labor relations (or dismissal or dismissal) between employers and workers can be divided into the following three situations. If the employer fails to pay economic compensation or compensation, it may apply for labor arbitration within 1 year to safeguard its legitimate rights and interests:
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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 complies with 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.
Extended data:
According to the relevant provisions of the Labor Law and the Measures for Economic Compensation for Violating and Dissolving the Labor Contract, the payment standard of economic compensation should be determined according to the different situations of violating or dissolving the contract.
The Measures for Economic Compensation for Violation and Termination of Labor Contracts clearly stipulates different compensation standards, and stipulates four compensation standards for employers to pay economic compensation to workers:
(1) violates the labor law and the contract, deducts arrears of wages, and refuses to pay wages for extended working hours; If the salary is lower than the local wage standard, the employer shall pay less than 25% of the salary and economic compensation.
(2) If the labor contract is terminated due to the employee's illness, non-work-related injury or incompetence, the employing unit shall pay the economic compensation equivalent to one month's salary for each full year, and shall also pay the medical subsidy of not less than six months' salary.
For those who are seriously ill or terminally ill, the employer should also increase the medical subsidy. The increase of serious illness shall not be less than 50% of Medicaid, and the increase of terminal illness shall not be less than 100% of Medicaid.
(three) the parties to the labor contract reach an agreement through consultation, and the employer terminates the labor contract; If the employee is incompetent after training or changing jobs, and the employer terminates the contract, the employer shall pay the economic compensation equivalent to one month's salary according to the number of years he has worked in the unit.
If the wage of the laborer is three times higher than the social level, the maximum payment is 12 months of economic compensation. "
(4) The objective conditions on which the labor contract was concluded have changed greatly, so that the original labor contract can't be performed, and the employer can't reach an agreement on changing the contract after consultation, and the employer terminates the contract;
If the employing unit is on the verge of bankruptcy during the period of legal rectification or there are serious difficulties in production and operation, and it is necessary to reduce the number of employees, the employing unit shall pay economic compensation according to the working years of the workers in this unit, and pay economic compensation equivalent to one month's salary for each full year of working in this unit. There is no limit of 12 months for the payment of economic compensation in this case.
Baidu Encyclopedia-Economic Compensation