Economic compensation shall be paid in January for each additional year according to the working years of the laborer in this unit. If it is less than 1 year for more than 6 months, it shall be calculated as 1 year. Less than 6 months, pay half a month.
If the monthly salary of the employee exceeds 3 times the average salary of the employee where the employer is located, it shall be paid according to the three-dimensional average salary at this time, with the upper limit of 12 years. It should be noted that the monthly salary is calculated 12 months before the termination of the labor contract.
Because the contract stipulates the rights and obligations between the employer and the employee, when the company resells, the subject of the contract has changed, and unilateral termination of the contract is a breach of contract.
legal ground
Labor law of the people's Republic of China
Article 20 The term of a labor contract can be divided into fixed term, non-fixed term and completion of certain work as the term.
If the employee has worked in the same employer continuously for more than ten years and both parties agree to extend the labor contract, if the employee proposes to conclude an open-ended labor contract, he shall conclude an open-ended labor contract. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:
(1) The employee suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original job or other jobs arranged by the employer;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation. Article 27 If it is really necessary for an employing unit to reduce its staff during the period of legal rectification on the verge of bankruptcy or serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department before it can reduce its staff.
If the employing unit reduces its staff in accordance with the provisions of this article and employs the laid-off staff within six months, it shall give priority to the laid-off staff.