When the company needs to terminate the labor contract with its employees for some reason, it must issue a certificate of termination of the labor contract. After the termination of the labor contract, the company will also compensate the employees according to the regulations. Many people don't know whether to sign the certificate of dissolution of the labor contract, and they don't know the provisions of the labor contract. Do I need to sign a certificate to terminate the labor contract for you? Related content of.
1. Do I need to sign the certificate of dissolution of the labor contract? What are the rules?
The certificate of dissolution of the labor contract needs to be signed. There are two main ways for the company to terminate the labor contract, namely, immediately terminate the labor contract and notify in advance to terminate the labor contract.
Labor Contract Law
Twenty-fifth workers in any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of labor discipline or the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;
(4) Being investigated for criminal responsibility according to law.
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.
Second, the provisions of compensation
1. When the labor contract is terminated, the economic compensation for the laborer shall be paid by the employer in one lump sum.
2、
Where the employing unit deducts or delays the wages of workers without reason, or refuses to pay the wages of workers for extended working hours, it shall pay the wages of workers in full within the specified time, and at the same time pay economic compensation equivalent to 25% of the wages.
3. If the wage paid by the employer to the laborer is lower than the local minimum wage standard, it is necessary to make up the part below the standard and pay the economic compensation equivalent to 25% of the part below.
4. If the parties to the labor contract reach an agreement through consultation, the employer shall pay the economic compensation equivalent to one month's salary for every full year, and the longest period shall not exceed twelve months. If the working time is less than one year, the economic compensation shall be paid according to the standard of one year.
5. If an employee is sick or injured non-work-related, and the labor contract is terminated after being confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay the economic compensation equivalent to one month's salary for each full year, and at the same time, it shall pay the medical subsidy of not less than six months' salary. For those suffering from serious diseases and terminal diseases, medical subsidies should also be increased. The increase of serious illness is not less than 50% of Medicaid, and the increase of terminal illness is not less than 100% of Medicaid.
6. The laborer is incompetent for the job, and is still incompetent after training or job adjustment. If the employer terminates the labor contract, the employer will pay the economic compensation equivalent to one month's salary for each full year of work, and the longest period shall not exceed 12 months.
7. The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform. If the parties fail to reach an agreement on changing the labor contract through consultation, and the employer terminates the labor contract, the employer shall pay the economic compensation equivalent to one month's salary according to the number of years the employee has worked in the unit.
8. If the employer is on the verge of bankruptcy and has to lay off employees during the period of legal rectification or serious difficulties in production and operation, the employer shall pay economic compensation according to the number of years the laid-off employees have worked in the unit. Pay the economic compensation equivalent to one month's salary for each full year of working in this unit.
9. If the employer fails to give economic compensation to the workers according to the regulations after the termination of the labor contract, it shall pay economic compensation in addition to the full amount, and shall also pay 50% of the amount of economic compensation.
10, the wage calculation standard of economic compensation refers to the average monthly wage of workers in the twelve months before the termination of the contract under the normal production conditions of the enterprise.
Do I need a visa to terminate the labor contract? According to the regulations, you need to sign. There are two kinds of termination of labor contracts: immediate notice and advance notice. The law also stipulates several situations in which the labor contract is terminated immediately and in advance. The company that terminates the labor contract will pay compensation to the employees in one lump sum. In all cases, the amount of compensation is strictly regulated. In this case, you should determine the amount of compensation according to the actual situation to ensure that your interests will not be harmed. For more relevant knowledge, please consult Tieling lawyer.