Under normal circumstances, if the employer has signed an employment contract with the employee, it is necessary to specify the term of the employment contract. If the employee wants to terminate the labor contract, it is also possible, and the two parties can also negotiate to terminate the labor contract. So, should the employer who negotiates the termination of the labor contract pay severance money?
Netizen consultation:
If the employer and the employee agree to terminate the contract, whether to pay economic compensation
Lawyer answers:
If the employer terminates the employment contract through negotiation between the two parties, it is not necessarily necessary to pay severance payment. If the employer proposes to terminate the labor contract, and then both parties agree to terminate the labor contract, the employer is required to pay severance compensationIf the employee proposes to terminate the labor contract and then terminates the labor contract by consensus, the employer does not need to pay severance compensation.
The amount of economic compensation shall be paid to the worker according to the number of years of service in the employer, and the employee shall be paid one month's salary for each full year of service. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
Lawyer adds:
The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Serious violation of the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, which has a serious impact on 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 invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
[Laws and Regulations].
Article 46 of the Labor Contract Law of the People's Republic of China.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
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.
Profile of lawyer Gao Jinfeng
In 2010, he graduated from Shandong University and graduated from the Double First-Class A) Law School with a bachelor's degree in law. He has served as the head of legal affairs of several regulated enterprises. He is good at handling civil and commercial contract disputes, construction disputes, tort liability disputes, marriage and family inheritance disputes, labor disputes, etc.