The termination of labor relations (or dismissal or dismissal) between employers and workers can be divided into the following three situations. If the employer fails to pay economic compensation or compensation, it may apply for labor arbitration to safeguard its legitimate rights and interests within 65,438+0 years:
65438+
2. If the employer terminates the labor relationship with the laborer according to Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it complies with Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary for each year of work, n; In accordance with the provisions of Article 40 of the Labor Contract Law, if the employee is not notified 1 month in advance, he shall also pay 1 month's salary as a payment in lieu of notice, commonly known as n+1;
3. The employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship without paying any economic compensation or prior notice; However, this requires the employer to provide evidence and notify the employee in writing to terminate the labor relationship.
Relevant legal basis:
Articles 39, 40, 46, 47 and 87 of the Labor Contract Law
Article 19 of the Regulations for the Implementation of the Labor Contract Law