Leave one's post compensation has a lot of kinds, and listen to me to come together
Leave his post activelyThere is a view before, leave his post actively to was not compensated, this view is wrong, include two kinds of cases actually.
1, the contract expires the company did not give me add autograph contract, active abdication cannot ask to pay economy to compensate gold.
2, if the contract expires, after a month, still did not sign, can press what did not sign contract processing, did not sign a contract to exceed a month, can from into duty the 2nd month begins, the requirement pays pair of times salary.
1) the economic compensation that was papered cutter
Basis " labor contract law " the 47th regulation: "Economy compensates the fixed number of year that works in this unit by laborer, the level that every pay a monthly wages one year completely pays to laborer. 6 months above resents one year, press a year of computation; Malcontent of 6 months, pay the classics of half monthly wages 30 days to inform him laborer with written form aid is compensated to laborer. " after so laborer is being papered cutter by the enterprise, want to decide specific indemnity must want well and truly computation to give the time that works in the enterprise.
If you are in this enterprise,working time is 2 years of dissatisfaction 6 months, you should receive the compensation of salary of 2 half moon, if be,make 6 months 2 years or 2 years of 6 months above, you should receive the compensation of 3 monthly wages. Nevertheless, worker of the year on the our region that if unit of your choose and employ persons of monthly wages prep above is in the municipality directly under the Central Government, city stage that sets an area,government office of person civil administration announces is mean monthly salary 3 times, so the company pays economic compensatory standard to will press a worker to you mean monthly the amount of 3 times pays salary.
Additional, if the enterprise wants to cut down the member of persons employed must shift to an earlier date 30 days to inform him worker with written form, otherwise besides above outside the compensation that we mention, the business is even additional the salary that pays laborer a month.
2) the economy that is papered cutter inside probation compensates
Labor law sets be employee of not divisional probation and formal employee about economic compensatory, so even if be papered cutter in probation, can win economic compensation likewise. Its computation means also is according to " labor contract law " the 47th regulation has consideration: The job 6 months above resents one year, press a year of computation, the company pays the economy of a monthly wages compensation to laborer; Malcontent of 6 months, the company pays the economy of half monthly wages compensation to laborer. If the enterprise did not shift to an earlier date,written announcement laborer wants a month to be papered cutter, still need additional the compensation that pays laborer a monthly wages.
3) the economic compensation that sends employee to be cut into parts?
" labor contract law " regulation: "The service sends an unit is this law place call choose and employ persons the unit, ought to fulfill unit of choose and employ persons the obligation to laborer. "
According to " labor contract law " , manpower resources company needs to abide by about labor contract remove, the regulation that replaces announcement gold and economic compensation gold, but they are not willing to bear this cost commonly, the company that inevitable meeting asks you serve bears this cost, formed the conduction of responsibility so. This conducts a process you do not need to interfere, the economy that you should hold to to at least an unit should pay you only is compensated can; If the company of your place service does not agree to pay, the manpower resources company that sends you must assume this responsibility.
4) because err,the economy that is dismissed compensates
Above all, to more serious mistake, " labor contract law " thirtieth sets 9 times, serious neglect one's duty, jobbery, cause to unit of choose and employ persons great damage, unit of choose and employ persons can remove labor contract. The serious neglect one's duty here, it is to show the post duty of employee is bearing certain heavy responsibility, employee ought to rise to notice obligation enoughly, and actually employee did not assume this one responsibility however, cause harm happening. Here great damage, include pecuniary loss, reputation to damage etc of all kinds harm state.
Next, great to damaging a result not to go up quite stuff, " labor contract law " the 40th regulation, "Laborer is insufficient the job, the course grooms or adjust working station, still of insufficient job, unit of choose and employ persons informs with written form him laborer is additional perhaps 30 days ahead of schedule after paying laborer a monthly wages, can remove labor contract. Can remove labor contract..
Should notice here " the course grooms or adjust working station " program sex requirement. Laborer made a fault, the working responsibility that explains he is assumed to place still cannot be competent completely, the company serves as employer, accountability undertake grooming adequately to its, help station of its competency work. Do not fit the stuff of this post to disposition, condition, can adjust other and appropriate post. If lack this one measure, remove according to the clause directly labor contract, it is illegal act.
In addition, what do not get negligence is, the working relationship that assumes the job deeply removes, the enterprise needs to shift to an earlier date 30 days to notify employee on one hand, still need to pay economy to compensate gold on the other hand. " labor contract law " the 46th specific provision, benfadi sets according to of unit of choose and employ persons 40 times remove of labor contract, unit of choose and employ persons ought to pay economy compensation to laborer.
Moreover, if employee holds the post of working clause to be not accorded with deeply repeatedly, and the company hopes to remove labor contract, according to " labor contract law " thirtieth 6 regulation: "Unit of choose and employ persons and laborer talk things over consistent, can remove labor contract. " if staff does not agree to talk things over, perhaps talk things over do not amount to consistent, criterion company side can concede.
5) the company changes workplace, can employee win compensation?
" labor contract law " the 40th regulation: "Have one of following state, unit of choose and employ persons informs with written form him laborer is additional perhaps 30 days ahead of schedule after paying laborer a monthly wages, can remove labor contract: ... (3) the external state of affairs of basis of the place when labor contract concludes produces major change, cause labor contract to cannot be fulfilled, talk things over via unit of choose and employ persons and laborer, fail to change labor contract content to come to an agreement. " labor law also has similar provision the 26th times.
Labor department " about < labor law of People's Republic of China > the specification of a certain number of article " point out: "This medium ' external state of affairs ' point to: Produce force majeure or appear cause labor contract all or what partial clause cannot fulfill is other circumstance, if the enterprise is migratory, be transferred to wait by assets of annex, company " , but do not include to cause the economy external condition that cut down the member of persons employed. Consider actual condition and legislative intent nevertheless, be not all enterprises to move move the capital to another place applicable the regulation that remove, however workplace happening is great change, and bring about what labor contract cannot fulfill to remove, ability is strike hair requirement.
Some units think, produce such job, the unit need not talk things over with employee, immediate demand employee goes to work to new business address can. If some of employee is not willing, let themselves had resigned. This kind of idea is incorrect.
If do not agree,go, shift to an earlier date 30 days written announcement removes labor contract, give economy to compensate gold.
4) compensation of economy be havinged by company mix hillock?
Whether can be the working station that labor contract place agrees changed by unit one-sided? This is not a problem that says easily to be clear about. Some people say, since labor contract agreed, that should according to " labor contract law " 5 regulation handles thirtieth: "Unit of choose and employ persons and laborer talk things over consistent, can change the content that labor contract agrees. " but, all change need to talk things over consistent, brought result is, laborer can be adjusted toward good post only. Encounter the stuff that difference of ability of a few job, job does not fit, because talk things over impossibly,agree, the unit is forced submit to humiliation must be used.
Some people say, post adjusts those who belong to unit of choose and employ persons to counterpoise independently with labour, unit of choose and employ persons has authority to make those who give his adjust. The problem of this kind of view depends on, if the unit is OK so follow one's inclinations that adjust working station, that need not worry should pay economy to compensate gold. In every case treats which employee not pleasing to the eye, adjust post to let him sweep the floor, force the person next.
Visible, two kinds of afore-mentioned views too extreme. Moses is well-advised, they are in jural what kind of without clear specification adjustment is lawful, what kind of adjustment is illegimate. The post of complete China is too much, cannot induce the regulation that gives a simple palpability. So, the principle of ambiguous sex is now general decision criteria, that is " sufficient rationality " .
Additional, still contest course of study prohibits the clause is compensated this kind, do not spread out. Legal support comes from -- Miao Jiwei of labor law expert.
Feel pretty good, pay close attention to [duty field little worry] , thank.
