Original title: What are the circumstances under which a labor contract is terminated? Click here to learn
Under what circumstances can an employment contract be terminated? "If I am pregnant, can the company terminate the employment contract?" "About the termination of the labor contract, just read this article to understand!
Under what circumstances can an employment contract be terminated?
According to Article 44 of the Labor Contract Law and Article 21 of the Regulations for the Implementation of the Labor Contract Law, the labor contract shall be terminated under any of the following circumstances:
When the labor contract expires, the employee begins to enjoy basic pension insurance benefits in accordance with the law or reaches the statutory retirement age.
The worker dies, or is declared dead or missing by the people's court.
The employer has been declared bankrupt in accordance with law.
The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule.
Other circumstances provided for by laws and administrative regulations.
What are the special circumstances of the employee upon the expiration of the labor contract, and the labor contract should be renewed until the corresponding circumstances disappear?
According to Article 1 of the Labor Contract Law.
Four. Ten. 2. Article 45 stipulates that upon the expiration of the labor contract, the labor contract shall be renewed and terminated until the corresponding circumstances disappear under any of the following circumstances:
Workers engaged in operations that expose them to occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being a patient with an occupational disease during the period of diagnosis or medical observation.
Illness or non-work-related injury within the prescribed medical treatment period.
Female employees are pregnant, giving birth, or breastfeeding.
Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age.
Other circumstances provided for by laws and administrative regulations.
If an employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work, the termination of the labor contract shall be carried out in accordance with the provisions of the Regulations on Work-related Injury Insurance.
Can an employer agree with an employee on other conditions for terminating an employment contract in addition to the statutory conditions?
No. The Regulations for the Implementation of the Labor Contract Law clearly stipulate that the employer and the employee shall not agree on other conditions for the termination of the labor contract other than those stipulated in Article 44 of the Labor Contract Law.
Do I need to pay severance if I don't renew my fixed-term employment contract when it expires? How is severance calculated?
According to Paragraph 1 of Article 44 of the Labor Contract Law, the labor contract shall be terminated upon the expiration of the labor contract.
According to Article 46, the employer shall pay economic compensation to the employee if the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of the Labor Contract Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract.
Financial Compensation. The employee shall be paid one month's salary for each full year of service in the employer.
Where it is more than six months but less than one year, it is calculated as one year.
If it is less than six months, the worker shall be paid half a month's salary.
The monthly wage here refers to the average salary of the employee in the 12 months before the termination or termination of the labor contract. If the worker has worked for less than 12 months, the average wage is calculated based on the number of months actually worked.
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