During the performance of the labor contract, the employer terminates the labor contract under the following three circumstances:
1. If the laborer has a legal fault, the employer shall terminate the contract according to Article 39 of the Labor Contract Law without compensation. If losses are caused to the employer, the employer may demand compensation for part of the losses.
Two, the laborer has no legal fault, the employer shall pay economic compensation.
If the laborer has no legal fault, the employing unit may terminate the contract according to the provisions of Articles 36, 40, 41 and 42 of the Labor Contract Law, but it shall pay the economic compensation of one month's salary every year according to the working years of the laborer in the unit, and one year if it is over half a year but less than one year. Among them, if the labor contract is dissolved in accordance with the provisions of Article 40, a written notice shall be given one month in advance or an extra month's salary shall be paid instead of notice.
The salary for calculating economic compensation shall be calculated according to the average salary of the laborer 12 months before the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, bonuses and wages paid under special circumstances. My salary is three times higher than the average salary of local employees, and it is calculated according to the average salary of local employees. If it is lower than the local minimum wage, it shall be calculated according to the local minimum wage.
Three, illegal termination of the contract, it shall pay compensation.
If the termination of the contract by the employing unit does not conform to the law, and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation at twice the economic compensation.