1. What should I do if the company terminates the labor contract in the middle?
1. It is illegal for the company to unilaterally terminate the labor contract within the term of the labor contract (under the condition that the laborer has no fault), and the company shall pay twice the economic compensation.
2. If the company fails to notify the employee to terminate the labor contract 30 days in advance, it shall pay 1 month salary in lieu of notice.
3. Article 87 of the Labor Contract Law stipulates:
If the employing unit dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
4. The calculation of economic compensation is half a month within half a year and 1 month after half a year.
Economic compensation refers to the labor remuneration paid directly to employees by enterprises in the form of money according to relevant state regulations or labor contracts. Generally, the specific amount of economic compensation is calculated according to the working years and salary standard of the laborer in the employer. The formula is: economic compensation = working years × monthly salary.
The calculation standard of working years is: the economic compensation is paid to the employee according to the working years of the employee in the unit and the standard of paying one month's salary every year. If it is less than 1 year for more than 6 months, it shall be calculated as 1 year; Less than 6 months, according to the salary standard of half a month. The calculation standard of monthly salary is: according to the relevant regulations of the state, the monthly salary of economic compensation is the average monthly salary of the employee 12 months before the termination of the labor contract under the normal production conditions of the enterprise, and the calculation standard of minimum wage shall not be lower than the local minimum wage standard.
Second, the termination of the labor contract
1. Both parties negotiate to terminate the labor contract.
The employer and the employee may terminate the labor contract through consultation. To dissolve the labor contract through consultation, as long as both parties reach an agreement through consultation, the content, form and procedure do not violate the prohibition and mandatory provisions of the law, and there are no substantive and procedural restrictions. Where the employing unit proposes to terminate the labor contract, the employing unit shall pay the economic compensation for the termination of the labor contract to the employee.
2. The laborer unilaterally terminates the labor contract.
That is, when the conditions prescribed by law are met, the laborer has the right to terminate unilaterally, without the need for consensus between the two parties or the consent of the employer. Specifically, it can be divided into advance notice cancellation and immediate cancellation. Notice of termination means that the employee unilaterally terminates the labor contract after fulfilling the notification procedure. Immediately terminate, that is, the situation stipulated in Article 38 of the Labor Contract Law. In several cases specified in the first paragraph, the employee may unilaterally terminate the contract.
3. The employer unilaterally terminates the labor contract.
That is, when the conditions prescribed by law are met, the employer has the right to unilaterally terminate the contract, without mutual agreement. It mainly includes fault dismissal, no-fault dismissal and economic dismissal.
If the employing unit dissolves or terminates the labor contract in violation of the laws and regulations of China, it shall pay compensation to the laborer at twice the prescribed economic compensation standard. The termination of a contract means that the rights and obligations between the parties to the contract are extinguished and the legal effect of the contract is terminated due to legal provisions or circumstances agreed by the parties. At this time, we must safeguard our rights and interests in time.