1. If the company closes or terminates the labor contract, the employer shall pay economic compensation to the workers.
2. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
3. Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(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 the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
2. What is the difference between a labor contract and a labor service contract?
1, subject qualifications are different. The subject of a labor contract can only be a legal person or an organization, that is, an employer, and the other party must be an individual worker. The subjects of a labor contract cannot all be natural persons. Both parties to a labor contract may be legal persons, organizations and citizens at the same time, or citizens and legal persons and organizations.
2. The nature of the subject and its relationship are different. There are not only property relations, that is, economic relations, but also personal relations, that is, subordinate relations. In addition to providing labor, workers must also accept the management of the employer, obey its arrangements, abide by its rules and regulations, and become internal employees of the employer. However, there is only property relationship between the two parties to the labor contract, that is, economic relationship, without attribute and administrative subordination. Workers provide labor services and employers pay labor remuneration, which are independent and equal.
3. The nature of remuneration is different. The labor remuneration arising from the performance of the labor contract has the nature of distribution, which embodies the principle of distribution according to work and does not change completely and directly with the market supply and demand. Its payment form is often stipulated as continuous and regular wage payment; The labor remuneration obtained from the labor service contract is paid according to the market principle of equal value and compensation, which is completely determined by both parties through consultation. It is a one-time payment of commodity prices, which are directly related to market changes.
4. The obligations of employers are different. The performance of labor contracts runs through the intervention of the state. In order to protect workers,
The labor law stipulates many obligations for employers, such as paying social insurance for workers, and the wages paid by employers shall not be lower than the local minimum wage set by the government. These legal obligations must be fulfilled and cannot be changed through consultation. The employer of a labor contract generally has no such obligation. Of course, the above contents may or may not be agreed upon by both parties.
5. The applicable laws are different. Labor contracts are mainly regulated by civil law and economic law, and labor contracts are regulated by labor law and labor contract law.
6. Disputes are handled in different ways. After the labor contract dispute occurs, it shall be submitted to the labor arbitration commission of the labor organ for arbitration; If you are not satisfied, you can bring a lawsuit to the people's court within the statutory time limit, and labor arbitration is the pre-procedure; However, labor contract disputes can be resolved through litigation or negotiation between the two parties.
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