/kloc-how to compensate employees who have been dismissed for more than 0/0 years?
20 19-04-08 source: French Express 805 13 broadcast 1 14 1.
Chief lawyer:
Lawyer Ma Junzhe
Service area: Guangzhou-Tianhe District
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Video content:
Hello, I'm Ma Junzhe, a special lawyer of Legal Express.
If the employee has worked in the company for more than 10 years, there is no compensation. If the company unilaterally terminates the labor contract without legal reasons before the contract expires, it is suspected of illegally terminating the labor contract. You can ask for double economic compensation. According to your working years, pay one month's salary for every full year, half a month for less than half a year and one month for less than half a year.
If the unit has legal reasons, there are two situations. Economic compensation is not required under the circumstances stipulated in Article 39 of the Labor Contract Law. Under the circumstances stipulated in Article 40, the economic compensation can only be paid after the employee is notified in writing 30 days in advance or an extra month's salary is paid.
Legal basis: Article 39 of the Labor Contract Law: 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 the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.