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2. If the employer terminates the labor relationship with the employee according to the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it complies with the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary for each year of work, n; In accordance with the provisions of Article 40 of the Labor Contract Law, if the employee is not notified 1 month in advance, he shall also pay 1 month's salary as payment in lieu of notice, commonly known as n+1;
3. The employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and if the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or advance notice; However, this requires the employer to provide evidence and notify the employee in writing to terminate the labor relationship.
Relevant legal basis:
Labor Contract Law
Article 39 The employing unit 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 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.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(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 it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
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.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
Article 19 of the Regulations for the Implementation of the Labor Contract Law is under any of the following circumstances. In accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the labor contract with the employee with a fixed term, without a fixed term or with the completion of a certain task as the term:
(a) the employer and the employee reached an agreement through consultation;
(2) The employee is proved not to meet the employment conditions during the probation period;
(3) The laborer seriously violates the rules and regulations of the employing unit;
(4) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit;
(5) 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;
(6) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others;
(seven) the laborer is investigated for criminal responsibility according to law;
(8) The employee is sick or injured non-work-related, and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in other jobs arranged by the employer;
(nine) the laborer is not qualified for the job, and he is still not qualified for the job after training or adjusting his post;
(10) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation;
(eleven) the employer is reorganized in accordance with the provisions of the enterprise bankruptcy law;
(twelve) the employer has serious difficulties in production and operation;
(thirteen) the enterprise production changes, major technological innovation or adjustment of operation mode, and it is still necessary to reduce the number of employees after changing the labor contract;
(14) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, which made it impossible to perform the labor contract.