If there are legal circumstances, that is, Article 40 or Article 41 of the Labor Contract Law, but there is no Article 42, the employer may unilaterally terminate the labor contract, but it must pay economic compensation. If the contract is terminated according to Article 40, the employer shall notify the employee in writing 30 days in advance or pay the employee an extra month's salary.
If the termination of the labor contract by the employing unit does not meet the above circumstances, it is illegal to terminate the labor contract and should be compensated: twice the economic compensation.
Legal basis: People's Republic of China (PRC) Labor Contract Law.
Article 37 A laborer may terminate the labor contract by giving a written notice to the employing unit 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.
Article 38 A laborer may terminate the labor contract under any of the following circumstances:
(1) Failing to provide labor protection or working conditions as agreed in the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for laborers according to law; (four) the rules and regulations of the employing unit violate the provisions of laws and regulations, and damage the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer may immediately terminate the labor contract without notifying the employer in advance.