What Is a Notification Date?

Notice in lieu of payment, which is a substitute for notice, is a non-legal term. There is no concept of "notice in payment" in the Labor Law. The payment in lieu of notice is from Hong Kong and Taiwan, which means that when the employer should provide one month's notice when it proposes to terminate the labor contract or terminate the labor contract, if the employer has not given one month's notice in accordance with the law, one month's wages will be paid as instead.

Payment in lieu of notice

Notice in lieu of payment, which is a substitute for notice, is a non-legal term. There is no concept of "notice in payment" in the Labor Law. The claim in lieu of notice is Hong Kong and Taiwan, which means that the employer is proposing to terminate the labor contract or

Article 40 of the "Labor Contract Law" In any of the following circumstances, the employer may terminate the labor contract by notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

When an employer terminates a labor contract in accordance with the law, it is possible to replace the advance notice period with an additional month's wages (not 30 days' wages), mainly to compensate the workers for the benefit of the time required to find a new job when they lose their jobs. However, if the employer's act of terminating the labor contract is illegal, its legal consequence is that the decision to terminate the labor contract is revoked and the labor contract continues to be performed. Then there is no question of whether to pay the payment in lieu of notice. However, if the laborer requests payment of economic compensation, the economic compensation at this time shall be terminated or terminated in violation of the provisions of this Law by the employer in accordance with Article 87 of the Labor Contract Law, and shall be in accordance with Article 47 of this Law. Pay twice as much as the economic compensation standard. Economic compensation should be paid twice, but should payment in lieu of notice be paid? I will write another article on this issue!

In fact, the above two types of replacement notices have been applied in Beijing since 2003. The substitute notice for termination of labor contracts was issued by the Beijing Labor Dispute Arbitration Commission Opinions on Several Issues Concerning the Handling of Labor Disputes. No. [2002] No. 12 Article 25: "The employer terminated the labor contract in accordance with Article 26 of the Labor Law, but did not notify the laborer in writing 30 days in advance. The laborer dissatisfied with this and asked to continue to perform labor How to deal with the contract? The arbitration commission should review whether the termination of the labor contract by the employer meets the conditions stipulated in the 26th Law of the Labor Law. If it meets, it will support the decision of the employer to terminate the labor contract. However, the time of termination of the labor contract It shall be deemed to be the 30th day after the employer makes a decision to terminate, and the employer shall be held liable for compensation for the loss of wages and income caused to the worker without 30 days' notice. "

The notice in lieu of termination of the labor contract is stipulated in Articles 40 and 47 of the Provisions of the Beijing Municipal Labor Contract.

The wage standard in lieu of notice is determined in the previous month when the labor contract is terminated. The legal basis is Article 20 of the "Implementation Regulations of the Labor Contract Law of the People's Republic of China" "Employers shall comply with the provisions of Article 40 of the Labor Contract Law. If an employee chooses to pay an additional month's wages to terminate the labor contract, the additional wages shall be determined in accordance with the wages of the employee in the previous month. "