Is There Any Compensation For Employee Turnover After The Recession?

Mr. Cheng: more than two years ago, I worked in a technology company, and the labor contract signed in December 31, 2016 expired.

The company is invested by 4 partners. They are shareholders of natural persons, one of whom is a legal person.

Now the company is running poorly. The 4 bosses don't want to invest in the company. There is no money in the company's account and the rent of the office building. I'm worried that if I go on working, I will be defaulted on my salary, so I want to quit.

Excuse me, I

Can we get financial compensation?

Hu Fang: under normal circumstances,

It is proposed to terminate the labor contract.

There is no need to pay economic compensation.

However, according to the thirty-eighth provision of the labor contract law, if the employer fails to pay the labor remuneration in full and in time, the worker can rescind the labor contract, and the employer should also pay the economic compensation in that case.

Therefore, if the company has not paid the labor remuneration in time and in arrears, the company should pay the economic compensation for the cancellation of the labor contract. If the company has not yet been in arrears of wages, you are only required to remove the labor contract because you are worried about being delayed, and the company is not required to pay financial compensation.

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Mr. Yu: in March last year, I saw a cultural communication company on the internet recruiting people and applied for the interview.

At that time, the company promised to sign a labor contract with me, but it never signed it, nor did it give me social insurance.

In December 2014, I resigned on this grounds and applied for arbitration to request the company to pay two times the wage difference without signing the labor contract.

The unit now says it is because I want to get two times the compensation and deliberately dragged on not to sign the labor contract.

Lawyer: the sixth provision of the regulations on the implementation of the labor contract law stipulates that if the employer fails to conclude a written labor contract with a worker for more than a month after the date of his own employment, he shall pay the laborer two times the monthly salary in accordance with the eighty-second provision of the labor contract law, and make a written labor contract with the laborer, and the laborer shall not conclude a written labor contract with the employer.

The employer shall notify the laborer in writing to terminate the labor relationship and pay the economic compensation in accordance with the forty-seventh provision of the labor contract law.

According to the sixth provision of the labor dispute mediation and arbitration law, labor disputes arise, and the parties have the responsibility to provide evidence for their claims.

Therefore, the company should provide evidence for its claims, otherwise it will bear adverse consequences.