What is Workers' Comp?

Compensation is an amount of compensation for people under the law.

Compensation

Right!

Compensation is an amount of compensation for people under the law.

Chinese name

Compensation

Foreign name

Compensation

Nature

Amount

Types of

Modern words

Compensation list termination situation The law stipulates whether the law prohibits the need to pay attention to the agreement. Cancellation of Article 36. Employer and laborer can reach agreement by agreement. Cancellation of labor contract Y. Both parties sign a written agreement. During the probation period, it is proved that they do not meet the requirements for employment;
(2) Serious violations of the rules and regulations of the employer;
(3) serious misconduct, malpractice for personal gain, or causing significant damage to the employer;
(4) The laborer establishes a labor relationship with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer;
(5) The labor contract is invalidated due to the circumstances specified in Paragraph 1, Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
N 1. The employee notifies the union in advance, and after the union issues an opinion, it responds to the union. 2. The lawful termination but no compensation was paid, and the labor department ordered that it was still overdue and paid 50% -100% of the compensation. 3. If the violation is lifted, if the worker requests to continue to perform, continue to perform; if it is not required or impossible to perform, the compensation shall be paid to the worker at twice the economic compensation in addition to the compensation.
Compensation for termination of labor contract

1. According to the principle that the new law is superior to the old law and the special law is superior to the general law, it shall be implemented in accordance with the Labor Contract Law.
2. As long as the employer does not propose to renew or cancel the contract, which results in the fixed contract not being renewed, it is necessary to pay compensation to the workers.
3. If the employee proposes to terminate the contract or refuses to renew the contract after the contract expires, the employer does not need to pay compensation.
1 After the labor contract expires, if the employer does not renew the labor contract or the conditions for renewal are lower than the conditions stipulated in the original labor contract and the employee does not renew, the employer shall pay the employee economic compensation.
2 After the labor contract expires, the employer needs to renew the labor contract with the employee, but the employee does not renew the contract with the employer. In this case, the employer does not need to pay economic compensation to the employee. During the contract period, the employer or the employee advances One month to the other party to terminate the labor contract, the economic compensation is to pay one month's wages every full year.
3 According to the "Labor Contract Law".
(1) In other words, after the labor contract expires, if the employer does not renew the labor contract or the conditions for renewal are lower than the conditions stipulated in the original labor contract, so that the employer does not renew the contract, the employer must pay the employee economic compensation?
Your understanding is correct.
(2) After the labor contract expires, the employer requests to renew the labor contract with the employee, but the employee does not renew with the employer. In this case, should the employer still pay the employee with economic supplements in accordance with this regulation? During the contract period, the employer or the employee proposes to terminate the labor contract to the other party one month in advance. What is the payment of economic compensation?
If the worker is unwilling to renew the contract, the company does not need to pay compensation. Specifically, it depends on the employee's working life in the company. Each month of work, the economic compensation for one month's salary is paid, and the economic compensation for half a month's salary is paid for less than half a year.
(3) According to the provisions of the Labor Law, employers generally need to pay economic compensation when terminating a labor contract, and generally do not need to pay economic compensation when terminating a labor contract. Does this provision of the Labor Law conflict with the aforementioned provisions of the Labor Contract Law? If there is a dispute between the employer and the employee, which of the above laws should be implemented?
There is a conflict between the labor law and the labor contract law, and if there is a conflict, the new labor contract law applies.
Article 40 Cancellation by the unit in advance after one month's notice in advance or payment of one month's wages can be cancelled. (1) The worker is ill or not injured due to work. After the prescribed medical period expires, he can not engage in the original work or engage in employment Work arranged separately;
(2) Workers are not competent for work, and are still incompetent after training or adjustment of work positions;
(3) Significant changes occurred in the objective conditions on which the labor contract was concluded, which made the labor contract unable to be fulfilled. After the employer and the employee negotiated, they failed to reach an agreement on changing the content of the labor contract. Article 42 Of workers who have not undergone pre-employment occupational health examinations, or patients with suspected occupational diseases during diagnosis or medical observation;
(2) Suffering from an occupational disease or injury at work in his unit and being confirmed to have lost or partially lost his ability to work;
(3) being sick or not injured due to work within the prescribed medical period;
(4) female employees during pregnancy, childbirth and lactation;
(5) Having worked continuously in the unit for fifteen years and less than five years from the legal retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.
Y
Article 41 (1) Reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;
(2) serious difficulties in production and operation;
(3) The company still needs to reduce staff after the company changes its production, major technological innovations or adjustments to its business methods;
(4) Other major economic changes on the basis of which the labor contract is concluded cause major changes to the labor contract that cannot be performed.
Y In addition to the above, the conditions and scope of layoffs are strict, and only apply to employees who cancel Article 38 (1) at any time on specific occasions without providing labor protection or labor conditions as agreed in the labor contract;
(2) Failure to pay labor remuneration in full and on time;
(3) failing to pay social insurance premiums for workers in accordance with law;
(4) The rules and regulations of the employer violate the provisions of laws and regulations and damage the rights and interests of workers;
(5) The labor contract is invalid due to the circumstances specified in Article 26, paragraph 1 of this Law;
(6) Other circumstances in which the labor contract can be terminated by laws and administrative regulations.
If the employer forces the worker to labor by means of violence, threats or illegal restrictions on personal freedom, or if the employer commands illegally or compels risky operations to endanger the worker s personal safety, the worker may immediately terminate the labor contract without notifying the employer in advance .
Y to avoid: In one of the following situations, the labor department is ordered to be overdue and pay 50% to 100% of compensation: 1. Remuneration is paid in full and on time; 2. Below the minimum wage; Overtime pay
Dismissal of Article 37 in advance. Employees can terminate the labor contract by notifying the employer in writing 30 days in advance. Workers can be released by notifying the employer three days in advance during the probation period. N Article 44 of the employee's unilateral right contract termination (1) The labor contract expires;
(2) Workers begin to enjoy basic pension insurance benefits in accordance with law;
(3) The worker died, or was declared dead or disappeared by the people's court;
(4) The employer is declared bankrupt according to law;
(5) The employer has been revoked the business license, ordered to be closed, cancelled or the employer decides to dissolve in advance;
(6) Other circumstances stipulated by laws and administrative regulations.
Article 45 When the labor contract expires, under one of the circumstances specified in Article 42 of this Law, the labor contract shall be renewed until the corresponding situation disappears. However, the termination of a labor contract for a worker who has lost or partially lost his or her ability to work shall be terminated in accordance with Article 42 (2) of this Law in accordance with relevant state regulations on work injury insurance.
Article 46: The first item of Article 44 is that when the contract expires, the worker does not renew the contract = no compensation; the company does not renew or renew the conditions below the original contract = compensation; Six items = no compensation