1. Is there any compensation for the company to take a year off before dissolving the labor contract?
According to the third paragraph of Article 47 of the Labor Contract Law, "the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract", which should be understood as the average salary of workers in normal working conditions in the twelve months before the dissolution or termination of the labor contract, excluding abnormal working periods such as medical treatment. The company will take a year off and then terminate the labor contract without compensation.
I. Compensation for the termination of the labor contract
The dissolution of the labor contract means that both parties terminate the legal effect of the labor contract in advance and terminate the rights and obligations of both parties. Modification of labor contract: refers to changes, additions and deletions made by both parties to the terms of the labor contract that are established according to law and have not yet been fulfilled.
1. If the employer needs to pay dismissal compensation, the employer illegally dissolves or terminates the labor contract. According to the provisions of Article 39 of the Labor Contract Law, the employer may terminate the labor contract under any of the following circumstances:
(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 user unit;
(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. It can be seen that when the employer terminates the labor contract, if the employee does not have the above situation, it is illegal to terminate the labor contract.
2. Employees whose labor contracts expire need not continue to perform the labor contracts.
3. The labor contract cannot be continued.
Second, the calculation standard of dismissal compensation
If the employing unit dissolves or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the standard of economic compensation. The economic compensation shall be paid according to the standard of two months' salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, one month's salary shall be paid to the employee as dismissal compensation. The monthly salary is calculated according to the average salary of the laborer in the twelve months before the dissolution or termination of the labor contract. In addition, if the employee's monthly salary is three times higher than the average monthly salary of local employees 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 the city divided into districts, the employee shall be paid economic compensation according to the standard of three times the average monthly salary, and the longest period of economic compensation shall not exceed 12 years.
When we work in an enterprise, we will be dismissed or the contract will not be renewed when it expires because of the closure of inefficient enterprises or the adjustment of organizational structure and layoffs. Is there any compensation for the company to terminate the labor contract after a year off? This is a method used by many enterprises to avoid compensation, which is a loss to workers. Is there a legal basis for this practice? Please consult a professional lawyer for details.