1. What are the compensation provisions of the Labor Contract Law for the dismissal of senior executives?
This situation depends on the standard of monthly salary paid by the company. According to Article 47 of the Labor Contract Law, if a worker's monthly salary is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the Central Government where the employer is located or the people's government of a city divided into districts, the standard for paying economic compensation to him is three times the average monthly salary of employees, and the longest period for paying economic compensation to him shall not exceed 12 years. If the labor contract is not signed, the payment shall be doubled, and the relevant social security fund may be claimed.
Second, what are the circumstances of the termination of the labor contract?
(1) If the employee is under any of the following circumstances, the employer may directly terminate the labor contract without notifying the employee:
The probation period is unqualified, that is, it is proved that it does not meet the employment conditions during the probation period; Serious violation of labor discipline or enterprise rules and regulations; Causing damage to the enterprise, that is, serious dereliction of duty and graft, causing great damage to the interests of the enterprise; To bear criminal responsibility means to be investigated for criminal responsibility according to law.
(2) The employing unit may also terminate the labor contract if the employee is under any of the following circumstances, but it shall notify the employee in writing 30 days in advance:
The laborer is sick or injured non-work-related, and cannot engage in the original work or other work arranged by the employer after the medical treatment expires; Workers are not competent for their jobs, and they are still not competent for their jobs after being trained or adjusted; Significant changes have taken place in the objective circumstances on which the enterprise labor contract was concluded, which made the original contract unable to be performed and the parties could not reach an agreement on changing the contract through consultation.
(3) The employing unit can also terminate the enterprise labor contract through layoffs, but it must meet the following conditions:
It is really necessary to lay off employees during the legal rectification period when the enterprise is on the verge of bankruptcy; There are serious difficulties in the production and operation of the enterprise, and it is really necessary to lay off employees.
However, the employer 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.
3. What are the legal consequences of the termination of the contract?
1. If the termination of the contract is not retroactive, and if the unfulfilled contract is not performed, no compensation may be requested, then the damage suffered by one party due to the non-performance or improper performance of the contract by the other party cannot be remedied.
2. If the contract is terminated retroactively, if it is only restored to its original state, then the expenses incurred by the non-breaching party in concluding the contract, the manpower and material resources spent in preparing to perform the contract, and the expenses incurred in restoring the original state will not be compensated.
3. In the case of the termination of the contract by agreement, one party has suffered losses due to the termination of the contract, and it is not in line with the principle of fairness if the profit-making party does not compensate the other party for the losses caused by the termination of the contract. Before the goods are shipped, the carrier or shipper may terminate the contract with the consent of the other party. If the carrier proposes to terminate the contract, it shall refund the transportation fees already collected and pay the shipper the short-distance loading and unloading fees for the goods entering the port; If the shipper proposes to terminate the contract, it shall pay the port charges and waiting time charges incurred by the carrier.
4. If the contract cannot be performed due to the fault of the third party, the creditor cannot directly claim the rights from the third party. If the debtor does not bear the liability for compensation for the termination of the contract, he will either not claim the right from the third party to make up for the loss of the creditor, or enjoy the benefits obtained after claiming the right, so that the interests of the creditor will not be guaranteed. Therefore, after the termination of the contract, if the fault of one party does cause damage to the other party, the fault party shall compensate the injured party for the loss, and cannot be exempted from the liability for compensation because of the termination of the contract.
After signing a labor contract with the employee, if the employer illegally terminates the labor contract without justifiable reasons, the employee shall be given economic compensation. However, if it is an executive, the remuneration is different. If the monthly salary of senior executives is 3 times the local average monthly salary, it will be paid at 3 times the salary, and the longest payment period cannot exceed 12 years.