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After Receiving the Termination Notice#

Don't panic, stay calm. Find any recording tools or software at hand, listen to what the other party says, think it over first, and don't give a substantive decisive response; you can also consider replying later. Fight for your legal rights and compensation. At this time, you can start saving your pay slips, clock-in records, labor contracts, and other materials, and collect documents related to your job responsibilities, project results, performance evaluations, etc., in case they may be needed for future arbitration.

When asked about being laid off and how to act afterward, people's thoughts generally fall into three categories:

The company is not concerned about whether you want to rest or find a job immediately; they care about:
Value: What value can you bring to the company;

Attitude: What is your attitude towards work;

Ability: What have you done during the period after being laid off? What can your actions prove about your abilities?

Secondly, focus on the short term: entertainment, job hunting, and selection are all short-term behaviors. Resting and entertaining is understandable, but once this time extends, the brain and body will immerse in a comfort zone, making it increasingly difficult to return to a working state.

Thirdly, there is a localized mindset: the above three approaches only oscillate between the options of "job hunting" and "resting." Therefore, the relevant work we can do is merely preparing resumes, checking job websites, submitting resumes, and preparing for interviews. This localized thinking limits our vision, and when one path is blocked, it feels like there is no way out.

Thus, our considerations regarding layoffs must revolve around the "company perspective," "long-term perspective," and "holistic perspective."

The first step is to divide the layoff situation into two phases: one phase is the preparation phase before the layoff, and the other is the planning phase after the layoff.

The second step is to have a series of preparations before the layoff. Stay vigilant in peace to avoid being unprepared.

The third step is to establish plans for different stages after the layoff. Note that this is not a short-term plan like "rest" or "job hunting," but rather a plan that spans up to a year.

Preparation Before Layoff
Regardless of what job you do, you should consider the most critical situation: if I get laid off, what preparations should I make now? Thinking from a holistic perspective means that it is not simply about preparing a resume but preparing from these three aspects:

1. Finances#

The direct impact of being laid off is the loss of income, turning personal earnings into negative numbers. If there is no savings pool at this time, family cash flow will break, and many people also carry mortgages and car loans, leading to a collapse in mentality and desperation. Therefore, financial risk management is necessary at all times.

Financial assessment: What are the monthly expenses? If you indulge a little, how much more can you spend? If you "declutter," what is the minimum expenditure?

Financial reserves: If you have a family, it's best to save enough to cover a year's worth of expenses without working. If you don't have a family, at least save enough for six months' expenses.

2. Abilities#

You may have never fully sorted out your abilities. You might think that having worked in a certain job for several years is a skill; you might also think that organizing your various certificates counts as an ability assessment. But these do not necessarily mean you truly possess certain abilities.

One way to sort out your abilities is to "update your resume."

Successful people update their resumes every year; the old term is "year-end summary," and the trendy term is "review."

In the process of updating your resume, we can naturally sort out our abilities and discover what similar work we have done in the past. If this job is gone, what other jobs can I find?

More importantly, during the updating process, new discoveries may arise. For example: I want to transition from operations to marketing, but after writing my resume, I realize I haven't done any marketing-related projects; this means that in the following year, I need to work on some marketing-related projects to unlock new abilities.

3. Networking#

Now everyone probably knows that if you have connections for job referrals, your success rate will be higher. Almost everyone who has achieved a significant career transition has utilized their network.

But the problem is, if you think about finding a job through networking only after being laid off, you may find that you haven't built up many connections. After all, networking relationships are built over time.

So, this is something a person should do before being laid off: sort out their network while also expanding it.

When we prepare in these three areas, we can roughly anticipate what cards we have to play if we encounter the risk of layoffs, which will reduce psychological worries.

Plan After Layoff
Humans are "goal-plan" animals. When we set a very specific goal and a very clear plan for ourselves, we will act like a wound-up toy.

Let's think from the recruiter's perspective: for the same position, three candidates come to apply: one has just left their job two or three months ago; one has been unemployed for six months; and one has been out of work for over a year. Even if all three have the same work experience, will we treat them equally?

For the one who just left, we might not care much about what they have done in the past two or three months; however, for the one who has been unemployed for six months, we will definitely be more concerned about what they have done during that time. At the same time, we will place the candidate who has been out of work for over a year at the lowest priority, as we clearly doubt their stability.

Since recruiters think this way, as the laid-off person and job seeker, our job-hunting plan should also be phased, with different focuses and actions for each stage.

1. Early Plan (0-3 Months)#

This three-month plan can be summarized in five words: high-standard job hunting. Finding a high-standard "ideal" job within three months is the best choice. So, you can take a break, binge-watch shows, play games, go to Tibet to find yourself, and then go to Tokyo and Paris, but don't let it exceed one month.

During this time, create a career goal plan: what is your first-choice career, second-choice career, and third-choice career?

This is very similar to the "reach-stable-safety" plan for college entrance exam applications. Job hunting should also have a "reach-stable-safety" strategy. Aim for a few target careers, stabilize a few, and secure a few.

Then, for the next two months of job hunting, spend the first two to three weeks focusing on the "reach" strategy. Submit resumes, reach out to your network, interview with companies, and mobilize all possible resources to target the companies and careers you most desire; after two weeks of pushing, you will have two outcomes: a. Successfully hired; b. Discover a significant gap, realizing that achieving this in the short term is impossible. Then shift to the "stable" strategy, putting more energy into job hunting for your second-choice career.

2. Mid-term Plan (3 Months - 1 Year)#

By the mid-term, the strategic approach must change.

Because when we go to submit resumes and interview at this point, companies will definitely lower our priority. If a person hasn't found their desired job in three months, analyzing the reasons from the company's perspective: either they haven't been looking, which means they are restless and unstable; or they haven't found anything, which means their self-positioning is unclear.

At this point, if we continue to pursue high-standard job hunting, our chances will significantly decrease, so we can only adopt the "stable" and "secure" strategies. Therefore, we must first relax our job-hunting standards, trying for big companies, small companies, desired positions, and undesired positions.

Secondly, it's time to prepare for work that doesn't require a job. The so-called "non-job work" can be nicely termed "freelancing" or "entrepreneurship," but less nicely, it's "part-time" or "gig work." As a person's unemployment duration increases, their chances of successfully reapplying decrease. However, if they are still working and earning, it can improve their success rate. Because this indicates, from another perspective, that they possess proactive qualities and the ability to earn money. So, at this stage, you need to consider several questions:
What problems can I solve?
Where are my clients?
How do I find clients?
How do I sell myself?

Then, set a 2-3 month learning plan to learn skills that can solve client problems. Many skills may not be learned in a day or a week, but if you truly dedicate yourself to learning for three months, you can achieve results. For example: mastering a full suite of office software can help beautify PPTs for others, etc.; learning PS, video editing, or graphic design can earn you some money; learning community operations can allow you to participate in various communities and help them serve clients for a fee.

Finally, do you remember the financial preparations mentioned before the layoff? If you could roughly assess your maximum and minimum monthly expenses at that time, when you have been unemployed for three months without income, you need to reduce your monthly expenses.

Start by quitting smoking and drinking to save some money; cook for yourself; boil your own water; choose only the most necessary extracurricular classes for your children; if you have a car, it's best to park it in a free public parking lot; avoid impulse shopping while watching live streams. In the absence of increased income, focus on cutting expenses to get through the tough times.

3. Late Plan (>1 Year)#

The worst has happened. You have been laid off and haven't worked for a year.

At this point, unless this year was spent studying full-time or working independently, don't submit resumes anymore. Because the chances of being called for an interview are very slim. If you still want to find a company to work for, referrals from friends and family may be the most likely route.

At this time, the plan should shift from "working" to "earning money."

Simply put, use all legal means to solve certain problems for people in exchange for income.

For example, on a cold winter night one year, Lao Wang and Lao Ma were at a hot pot restaurant in the south, and they ran out of lamb and beer. Lao Wang said he was tight on money lately. Lao Ma said, "Let's make some money?" The next morning, a black three-wheeled motorcycle arrived at the street corner, two men in black got out, and they set up a breakfast stall just like that.

Although this is a joke, it illustrates that as long as you want to, there are always ways to make money.

Being Asked to Resign#

Do not resign voluntarily, do not resign voluntarily, do not resign voluntarily. If you do not sign the resignation agreement, the boss cannot terminate you unless they pay compensation.

According to the Labor Law of the People's Republic of China:
Article 24: The labor contract may be terminated by mutual agreement between the parties to the labor contract.
Article 25: The employer may terminate the labor contract under the following circumstances:
(1) If the employee is proven not to meet the recruitment conditions during the probation period;
(2) If the employee seriously violates labor discipline or the employer's rules and regulations;
(3) If the employee is grossly negligent, engages in malfeasance, and causes significant harm to the employer's interests;
(4) If the employee is legally held criminally responsible.
Article 26: The employer may terminate the labor contract under the following circumstances, but must notify the employee in writing 30 days in advance:
(1) If the employee is ill or injured not due to work, and after the medical period expires, cannot engage in the original work or any work arranged by the employer;
(2) If the employee is unable to perform the work, and after training or adjusting the work position, still cannot perform the work;
(3) If the objective circumstances upon which the labor contract was based have changed significantly, making it impossible to perform the original labor contract.

Fight for Legal Compensation
How much can you be compensated?
Article 40: If the employer notifies the employee in writing 30 days in advance or pays the employee an additional month's salary, they may terminate the labor contract under the following circumstances:
(1) If the employee is ill or injured not due to work, and after the medical period expires, cannot engage in the original work or any work arranged by the employer;
(2) If the employee is unable to perform the work, and after training or adjusting the work position, still cannot perform the work;
(3) If the objective circumstances upon which the labor contract was based have changed significantly, making it impossible to perform the labor contract, and the employer and employee have failed to reach an agreement on changing the labor contract content.

Article 47: Economic compensation shall be paid to the employee based on the length of service in the unit, with one month's salary paid for each full year of service. For those with more than six months but less than one year, it shall be calculated as one year; for those with less than six months, half a month's salary shall be paid as economic compensation.

Is severance pay just basic salary?
Severance pay usually refers to the employee's last month's salary before being laid off, which is the employee's actual income. This income includes basic salary, bonuses, allowances, overtime pay, and all other wage income. Therefore, when calculating severance pay, all income needs to be added together to ensure that the employee receives all the wages they are entitled to.

What should I do if the boss is still unwilling to provide compensation after the conversation?
It can only be resolved through legal means:

1. Negotiate with the employer.
2. Request mediation from the inspection team.
3. Apply for arbitration with the labor bureau.
4. Initiate a lawsuit in the people's court.

Necessary Documents After Resignation
You need to have the employer handle your termination procedures; many students are not aware of this. Be clear that termination procedures are not the same as a resignation certificate; termination procedures are not the same as a resignation certificate; termination procedures are not the same as a resignation certificate.

Summary of the n+1 Package#

Current issues with the agreement:

1. The compensation does not specify amounts for: three times annual leave, double for weekend overtime, and 1.5 times for weekday overtime.
2. Compensation amounts for year-end bonuses calculated by time.
3. Compensation amounts for overtime during the "transition period."
4. The period for social security and housing fund contributions can be negotiated.
5. The agreement states that funds will be received by the end of April, while the Labor Contract Law stipulates that they should be received on the last day of the handover.
6. Regarding stock vesting, it is recommended to negotiate the exit date to April or discuss other conditions.
7. If you haven't signed yet, there is room for negotiation; do not believe in so-called "group module versions."

Points to note during the negotiation:

1. Record the conversation; inform HR and those present, stating that this conversation will be recorded to protect our legal rights. (Such recordings are legal.)
2. Learn to withstand pressure, clearly understand the terms of the agreement, especially the second, third, and fifth clauses. Don't be misled by deceptive language on-site that affects your decision-making and judgment.
3. When n is greater than 1, inquire about choosing 2n, and be sure to collect evidence. (Because the employment environment is not optimistic.)
4. If the leader says they will introduce you to the next job and asks for your resume, please be detailed. Clarify the leader's motives before taking action.
5. Keep personal labor contracts, attendance and overtime records, and agreement contracts. (Personal labor contract: Jingwo -> HR electronic signature -> labor contract, can be exported; attendance and overtime records can be exported as PDF from the ERP personnel portal.)
6. Try to stabilize your emotions, read more about labor law, and calmly calculate the compensation amount you should receive. The premise is reasonable compensation.
7. Think about why HR is so eager for you to sign n+1.

Some Tips for the Package

1. Spend all employee points.
2. Spend all balances (it’s okay if the balance isn’t fully spent; it will be paid with the last salary and will be combined for tax purposes).
3. Take sick leave; if the leader approves, it’s fine; for continuous days, a certificate from a top-tier hospital is needed.
4. Weekday compensatory leave is calculated at 1.5 times, weekend compensatory leave at 2 times, and holiday leave plus annual leave at 3 times.
5. N+1 has no impact on the background check for resignation.
6. N is the total income for the past 12 months divided by 12, which includes year-end bonuses, with a cap of three times the average salary in Beijing (around 37,840 in 2021).
7. N+1 is the agreed compensation; once signed, it means consent. 2N is for approval; as long as you don’t leave and have sufficient evidence, and do not make mistakes in the company, you can potentially succeed.

Do not sign! Do not sign! Do not sign! Recent illegal recognition scores; here are some references.

1. According to labor law, you can choose to continue performing the labor contract. Let them terminate you and then go for arbitration, 2N. Clock in and work normally every day; unreasonable demands can be refused. From now on, record every day and keep all work-related evidence. Once you sign, you lose all your rights. This so-called "negotiation" is merely a legal facade for enforcement review; as long as you don’t sign, keep good evidence, and you won’t be afraid. Remember, whether negotiating or stating your rights, such as 2N, stock options, delete all unreasonable clauses; many of the company's standard clauses are traps that limit your rights. So do not sign, and even negotiate; confirm whether each clause should appear in the agreement, actively protect your rights unconditionally, and do not fall for their coercive tactics disguised as "negotiation"! Be cautious.

2. Other workers facing the same issues can refer to this; if they want to negotiate, simply reply, "Talk to my lawyer." It’s not expensive; you can find a lawyer to handle these matters for around a thousand yuan. HR should not play both sides. This is a reasonable, legal, and straightforward solution; don’t be intimidated by their underhanded tactics.

3. Further options for follow-up plans:

   1. If you go along with their "negotiation," you will gain minimal compensation rights while losing the maximum rights to defend and voice your concerns, allowing the company to gain the most overall benefits.
   2. Arbitration allows you to still legally obtain the compensation you deserve without being denied by any clauses, and the company also bears the risk of losing the arbitration case.
   3. The company should provide a legally valid economic assessment, and the union should bring formal government documents to you for legal evaluation.
   4. Lastly, everyone can negotiate; true "negotiation" should provide sufficient supplements. Except for the fourth point, all others guarantee maximum company benefits and maximum employee losses. So, you need to clearly see the specific relationship and choose for yourself.

To summarize two points of behavior: do not be afraid, maintain dignity, and you can legally defend your rights; secondly, do not sign.

4. A reminder: if you do not understand the relevant labor law articles, consult a lawyer. Do not interpret them yourself with half-knowledge, as many will use your lack of understanding of specific practical details to trap you.

5. As long as you do not actively propose cancellation, the company can only negotiate conditions to make employees voluntarily propose cancellation. You can understand that the conditions proposed by the company are to exempt the enterprise from risk control.

6. Generally, as long as it is not a violent review, companies will handle reviews through negotiation for cancellation. The company pays promptly, and the employee proposes to exempt the company.

7. Generally, companies will not actively offer 2N unless the individual can provide evidence of the company's illegal termination of labor relations during arbitration.

8. For the above reasons, the conditions for employees to propose their own cancellation are generally >= N+1. Invalid companies have backup economic evaluations at the labor bureau.

9. Lastly, I would like to say that I do not recommend blindly pursuing 2N, and do not sign without looking at everything. If you are not satisfied with the conditions, you can endure it as long as you maintain a stable mindset. After all, enduring in the company is practically lower than going for evaluations. If the company inadvertently triggers the plot of "forced termination of labor relations," you can congratulate yourself in advance, as long as you are prepared to prove it for arbitration, it is highly likely to succeed.

10. I have gone through arbitration and can share my experience. I have gone through several background checks and have never heard of arbitration affecting job hunting. You can go through arbitration while still working, needing only a few days off at most.

11. If you are still working at the original company, as long as the company dares to reduce your salary or delay payment, keep good evidence, apply for arbitration, and you will win, thus obtaining salary and compensation.

12. Additionally, arbitration can be expedited without expansion. Also, if you haven’t received the money, do not withdraw the lawsuit.

13. If your salary is reduced or payment is delayed, you can immediately resign, look for a new job, and mine at the same time.

14. As long as the original company does not go bankrupt, both work and compensation can be obtained. A special reminder is to pay attention to judicial compensation. For what evidence is needed, you can go to the local labor arbitration team to get an evidence form, which details what evidence is required. I hope this information is useful to everyone.

Summary of Layoff Experience

1. When communicating with HR about decision-making matters, please first take the following two steps:
   • Ignore their threats and say: I need to think about it.
   • Call 12348, the national free legal consultation line, to inquire about labor arbitration and other matters.
2. Absolutely do not: proactively initiate a resignation application.
   • You must not propose a transfer application under any circumstances!
   • Once proposed, there will be no truth left!!!!!!!
   • Legal coercion refers to threats with a knife! Therefore, all your subsequent evidence will be used!
   • Overtime and such will also be useless!
3. Exclude rumors and common HR threat tactics:
   • XX behavior caused significant losses: as long as it did not cause serious losses or economic damages to the company, it does not constitute gross negligence, and the law will not support their claims.
   • There is no internet credit platform, there is no internet credit platform, there is no internet credit platform!
   • Termination compensation and year-end benefits are two different matters!!!
   • To summarize, as long as you have not caused the company any actual significant losses, the company has no reason not to give you your year-end bonus and lay you off.

I am involved in internal legal education for workers. It is reported that the current evaluation environment in the largest companies has common legal issues, which I have organized for those in need to refer to in their fight against unscrupulous capitalists.

1. How much compensation is there, what is the standard, and how are three-period women compensated?

   • If reported to the labor department, the economic rating disclosed by listed companies is n+1 months' notice pay. If it is not the worker's fault, and the company unilaterally terminates the labor relationship, except for the first labor contract not being renewed, it is n+1; otherwise, both parties can negotiate n+1, otherwise compensation is 2n or continue to perform the labor contract. Three-period women are not allowed to be evaluated.

2. Is there a cap on compensation? How is it calculated for thousands of people? Is it taxable?

   • According to Article 47 of the Labor Contract Law, compensation is calculated based on the average salary for the previous 12 months, including the previous 12 months' salary + bonuses + pensions + allowances, in short, all pre-tax income that can be calculated as salary. If it is high, it is capped at three times the average salary of employees in the previous year in the city where the employee is located (the maximum compensation period is 12 years, i.e., n <= 12). There are no restrictions for those below the average salary. According to Article 87 of the Labor Contract Law, compensation is double the compensation amount, meaning that when the employer illegally terminates the labor contract, 2n <= 24. Similarly, there is no low salary. As for whether +1 applies, it depends on whether there was prior notice. Details depend on local regulations. In Beijing, if notice is given a few days in advance, a few days' notice pay will be deducted.

3. How is compensation for non-work-related medical emergencies during the injury period?

   • During the injury period, non-work-related medical emergencies cannot be unilaterally evaluated by the company (both parties must agree). After recovery or the medical period expires, it follows the normal labor contract provisions, but 30 days' notice must be given in advance. Specific medical period content varies from three months to two years, depending on the employee's condition.

4. If the company unilaterally terminates the labor relationship, can the year-end bonus be claimed?

   • Whether the year-end bonus can be claimed depends on the specific content of the labor contract. For example, if the contract states a two-month year-end bonus, it can be calculated based on actual working time for the year. If the contract states 0-2 months and includes certain clauses, the specific content and the company's public clauses must be reviewed, as this falls under the company's discretion, and arbitration decisions are difficult to support. However, if the company has clearly informed you of this year's year-end bonus or has explicitly stated that you can obtain the corresponding year-end bonus level according to relevant systems, then with sufficient evidence, support can be obtained.

5. Can the non-compete clause be lifted? How long should it be restricted? How is the compensation calculated?

   • If a contract is signed, the company decides when to lift it, and the maximum non-compete period cannot exceed two years. If the company does not pay compensation for more than three months, you can request to lift it. The minimum compensation is 30% of the salary, calculated according to the agreement.

6. What is the scope of the non-compete clause? Will companies not on the list be restricted?

   • According to public case studies, whether there is a restriction depends on whether there is a substantial competitive relationship between companies, and cannot be determined solely by the business license scope. In simple terms, companies not on the list may still fall within the restriction scope, while companies on the list may not.

7. How to handle annual leave? Can it be taken before the labor relationship is terminated? Answer: It can be taken before the labor relationship is terminated; if the company does not allow it, an additional 200% salary is required.

8. What if the company requires signing an agreement for various reasons and refuses to provide a resignation certificate?

   • The company cannot refuse to issue a resignation certificate for any reason, nor can they impose any penalties or evaluations on the resignation certificate. Just contact labor supervision.

9. Can the matured portion be realized, and can the unmatured portion be realized?

   • Stock incentives currently have a legislative gap in China, and judicial practice recognizes them as labor disputes. The realization of unmatured portions depends on the specific content of the contract. (For example, if there are remaining days until maturity and the company terminates the employee, this situation can be supported with evidence.) The matured portion is entitled to be claimed. However, if certain companies are set up under a VIE structure, where the labor contract stipulates that the subject is a domestic company, but the company with the options is registered in the Cayman Islands, this situation will definitely lead to litigation. Since the subject's registration is in the Cayman Islands, it also involves issues of delivering judicial documents outside the jurisdiction. If your options are very valuable, I recommend collecting evidence carefully; if there is not much money involved and you do not want to go through the hassle, consider giving up. After all, once it involves issues outside the jurisdiction, it can be very complicated, as seen in Meituan's case, which has been unresolved for over five years.

10. How to obtain arbitration proof?

• Pay attention to preserving relevant evidence, forming an evidence chain through mutual verification, and try to keep electronic data intact. For the collection process of important key evidence, you can seek notarization from a notary office.

(The bold text in the article is the original text of the law)

1. Compensation:

   Compensation has a punitive nature and only applies when the employer illegally terminates the labor contract. When the employer illegally terminates the labor contract, they should pay economic compensation according to Article 48 of the Labor Contract Law.

   Article 48 of the Labor Contract Law 【Legal Consequences of Illegal Termination or Termination of Labor Contracts】 If the employer violates the provisions of this law to terminate or end the labor contract, and the employee requests to continue performing the labor contract, the employer shall continue to perform it; if the employee does not request to continue performing the labor contract or the labor contract can no longer be performed, the employer shall pay compensation according to Article 87 of this law.

   Article 87 【Legal Responsibility for Violating the Termination or Termination of Labor Contracts】 If the employer violates the provisions of this law to terminate or end the labor contract, they shall pay compensation to the employee according to double the economic compensation standard stipulated in Article 47 of this law.

2. Situations of illegal termination of the labor contract by the employer:

   (1) The employer and the employee have not reached a mutual agreement; regardless of whether compensation is paid, it constitutes illegal termination.

   Article 36 of the Labor Contract Law: The employer and the employee may terminate the labor contract by mutual agreement. It should also be noted that if compensation has been paid according to Article 87 of the Labor Law, the employer will not pay economic compensation again, meaning that double compensation and economic compensation do not apply simultaneously.

   (2) The employer dismisses the employee without just cause, constituting illegal termination of the labor contract.

   Article 39 of the Labor Contract Law stipulates the circumstances under which the employer may terminate the labor contract:

   The employer may terminate the labor contract under the following circumstances:

   (1) If the employee is proven not to meet the recruitment conditions during the probation period;

   (2) If the employee seriously violates the employer's rules and regulations;

   (3) If the employee is grossly negligent, engages in malfeasance, and causes significant harm to the employer's interests;

   (4) If the employee simultaneously establishes a labor relationship with other employers, seriously affecting the completion of the work tasks of this unit, or refuses to correct it after the employer raises the issue;

   (5) If the labor contract becomes invalid due to the circumstances stipulated in Article 26, paragraph 1 of this law;

   (6) If the employee is legally held criminally responsible.

   (3) Article 42 of the Labor Contract Law stipulates the circumstances under which the employer may not terminate the labor contract; if terminated, it constitutes illegal termination.

   Article 42: The employer may not terminate the labor contract under the following circumstances:

   (1) If the employee engaged in work involving occupational disease hazards without undergoing a pre-departure occupational health examination, or if suspected occupational disease patients are in the diagnosis or medical observation period;

   (2) If the employee suffers from an occupational disease or is injured at work and has been confirmed to have lost or partially lost their ability to work;

   (3) If the employee is ill or injured not due to work, during the prescribed medical period;

   (4) If female employees are pregnant, in labor, or breastfeeding;

   (5) If the employee has worked continuously for fifteen years in this unit and is less than five years away from the statutory retirement age;

   (6) Other circumstances stipulated by laws and administrative regulations.

3. N+1 Compensation:

   1. N times compensation

   Article 46 of the Labor Contract Law: The employer shall pay economic compensation to the employee under the following circumstances:

   (1) If the employee terminates the labor contract according to Article 38 of this law;

   (2) If the employer proposes to terminate the labor contract according to Article 36 of this law and reaches a mutual agreement with the employee;

   (3) If the employer terminates the labor contract according to Article 40 of this law;

   (4) If the employer terminates the labor contract according to Article 41, paragraph 1 of this law;

   (5) Except for the situation where the employer maintains or improves the conditions stipulated in the labor contract and the employee does not agree to renew the contract, if the fixed-term labor contract is terminated according to Article 44, paragraph 1 of this law;

   (6) If the labor contract is terminated according to Article 44, paragraphs 4 and 5 of this law;

   (7) Other circumstances stipulated by laws and administrative regulations.

   Article 47 of the Labor Contract Law: Economic compensation shall be paid to the employee based on the length of service in the unit, with one month's salary paid for each full year of service; for those with more than six months but less than one year, it shall be calculated as one year; for those with less than six months, half a month's salary shall be paid as economic compensation. If the employee's monthly salary exceeds three times the average monthly salary of employees in the previous year published by the municipal or district-level people's government where the employer is located, the economic compensation shall be paid according to the amount of three times the average monthly salary of employees, and the maximum compensation period shall not exceed twelve years. The term "monthly salary" refers to the average salary of the employee in the twelve months prior to the termination or end of the labor contract.

   N times compensation: Compensation is paid according to the length of service, with one month's compensation for each full year, calculated as one year for more than six months, and half a year's compensation for less than six months.

   1. Employee-initiated termination of the labor contract (N times): (Articles 26 and 38 of the Labor Contract Law)

   (1) The employer fails to provide labor protection or working conditions as stipulated in the labor contract;

   (2) The employer fails to pay labor remuneration in full and on time;

   (3) The employer fails to pay social insurance premiums for the employee as required by law;

   (4) The employer's rules and regulations violate laws and regulations, harming the rights and interests of the employee;

   (5) The employer uses fraud, coercion, or takes advantage of the employee's vulnerability to make them enter into or change the labor contract against their true intentions;

   (6) The employer exempts themselves from statutory responsibilities or excludes the rights of the employee in the labor contract;

   (7) The employer violates mandatory provisions of laws and administrative regulations;

   (8) The employer uses violence, threats, or illegal restrictions on personal freedom to force the employee to work;

   (9) The employer issues unsafe work orders or forces risky operations that endanger the employee's safety.

   Article 26: The following labor contracts are invalid or partially invalid:

   (1) If the labor contract is entered into or changed under fraud, coercion, or taking advantage of the other party's vulnerability against their true intentions;

   (2) If the employer exempts themselves from statutory responsibilities or excludes the rights of the employee;

   (3) If it violates mandatory provisions of laws and administrative regulations.

   Article 38: The employer may terminate the labor contract under the following circumstances:

   (1) If the employer fails to provide labor protection or working conditions as stipulated in the labor contract;

   (2) If the employer fails to pay labor remuneration in full and on time;

   (3) If the employer fails to pay social insurance premiums for the employee as required by law;

   (4) If the employer's rules and regulations violate laws and regulations, harming the rights and interests of the employee;

   (5) If the labor contract becomes invalid due to the circumstances stipulated in Article 26, paragraph 1 of this law;

   (6) Other circumstances stipulated by laws and administrative regulations.

   If the employer uses violence, threats, or illegal restrictions on personal freedom to force the employee to work, or if the employer issues unsafe work orders or forces risky operations that endanger the employee's safety, the employee may immediately terminate the labor contract without prior notice to the employer.

4. If the employer proposes to terminate the labor contract:

   The employer proposing to terminate the labor contract shall pay compensation to the employee according to the length of service. (N times)

   In cases of no-fault termination: (+1)

   Here, +1 does not refer to compensation but to notice pay; only in cases of no-fault termination (medical period expiration, inability to perform work, significant changes in objective circumstances at the time of contract signing) and without prior notice to the employee for 30 days, is +1 required.

   Article 40 of the Labor Contract Law stipulates that under the following circumstances, the employer may terminate the labor contract by notifying the employee in writing 30 days in advance or by paying an additional month's salary:

   (1) If the employee is ill or injured not due to work, and after the medical period expires, cannot engage in the original work or any work arranged by the employer;

   (2) If the employee is unable to perform the work, and after training or adjusting the work position, still cannot perform the work;

   (3) If the objective circumstances upon which the labor contract was based have changed significantly, making it impossible to perform the labor contract, and the employer and employee have failed to reach an agreement on changing the labor contract content.

5. Economic layoffs (N times):

   Article 41 【Economic Layoffs】 If there are circumstances requiring the reduction of more than 20 employees or less than 20 but accounting for more than 10% of the total number of employees, the employer must explain the situation to the labor union or all employees 30 days in advance, listen to the opinions of the labor union or employees, and report the layoff plan to the labor administrative department before proceeding with layoffs:

   (1) If undergoing reorganization according to the bankruptcy law;

   (2) If there are serious difficulties in production and operation;

   (3) If the company changes production, undergoes significant technological innovation, or adjusts its business model, and still needs to lay off employees after changing the labor contract;

   (4) Other circumstances due to significant changes in the objective economic conditions upon which the labor contract was based, making it impossible to perform the labor contract.

   When laying off employees, priority should be given to retaining the following personnel:

   (1) Those who have signed a long-term fixed-term labor contract with the unit;

   (2) Those who have signed an indefinite-term labor contract with the unit;

   (3) Those who have no other employed family members and need to support elderly or minor dependents.

   If the employer lays off employees according to the first paragraph of this article and rehires employees within six months, they must notify the laid-off employees and give them priority for reemployment under the same conditions.

6. Termination of the labor contract (N times)

   Article 44: The labor contract terminates under the following circumstances:

   (1) When the labor contract expires;

   (2) When the employee begins to enjoy basic pension insurance benefits according to law;

   (3) When the employee dies, or is declared dead or missing by the people's court;

   (4) When the employer is declared bankrupt according to law;

   (5) When the employer's business license is revoked, ordered to close, dissolved, or the employer decides to dissolve early;

   (6) Other circumstances stipulated by laws and administrative regulations.

7. Termination of the labor contract:

   Article 36 【Mutual Termination of Labor Contract】 The employer and employee may terminate the labor contract by mutual agreement.

   Article 37 【Employee's Notice to Terminate the Labor Contract】 The employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probation period, the employee may terminate the labor contract by notifying the employer three days in advance.

   This means that when you want to resign, you must notify the company 30 days in advance. Regardless of whether the company allows you to leave, you can terminate the labor contract after the 30 days are up. If the company refuses to issue a resignation certificate, it is advisable to go for arbitration.

Finally, arbitration or litigation is your legitimate way to protect your legal rights, and no one can take that away from you. It will not become your "stain." Once your rights are violated, please bravely take up the weapon of law to protect yourself.

The law is the law; although there is a gap with reality, it serves as a guideline. In real life, we cannot fully execute according to the law, but doing most of it is fine. However, for workers, the rights that belong to you should be defended by yourself; do not endure blindly. While we need to accept some compromises, do not retreat on what belongs to you.

Social Security

1. Individuals paying through flexible employment:
   There is a note here:
   You must have a local household registration or have paid social security for more than ten years, and can only pay for pension and medical insurance. If you have a household registration from another place, you can only pay for pension, and medical insurance will be interrupted. If you meet the requirements, the operation method is also very simple:

   • The premise is that your previous company has stopped your insurance.
   • Use the APP to register as a flexible employment participant for social insurance.
   • Then search for "social insurance payment" on Alipay or in Zhejiang, and you will receive a notification at the end of the month, then you can pay yourself.
     This is the online method; offline, just remember to bring your documents to the "Citizen Center" to handle it.

2. Paying through a company:
   This is equivalent to joining a company, so all five insurances and one fund can be paid. However, the state has policies for agency payments; I see many on Taobao have been taken down. You can consider this based on your situation.

3. Easy Social Security, Ant Financial Social Security payment:
   This principle is similar to paying through an agency company. However, it is relatively more formal; if you cannot find a suitable agency company, you can choose this. It will also specify the cost details, making it clearer for you.

Do you need to apply for unemployment insurance?
First, I want to tell everyone that if you are paying social insurance through an agency company, it is advisable not to claim it, as you cannot receive it. If you pay social insurance yourself, as mentioned above, you need a local household registration in Hangzhou, and can only pay for pension and medical insurance. I do not know if self-payment allows for claims, as I have not tried it; everyone can give it a shot.

Then, there are two types of unemployment assistance:

• If it is written as "voluntary resignation" → unemployment assistance of 912 yuan/month.
• If it is written as "involuntary resignation" → unemployment insurance of 1824 yuan/month.

You can first ask HR about your resignation situation; generally, the resignation certificate for "layoffs" is "voluntary resignation." In our company, if needed, you can ask HR to reissue the termination notice.

Calculation principles for the number of months that can be applied for:

• For those who have paid for more than a year, they can receive two months of unemployment insurance;
• For those who have paid for more than a year, for each additional eight months, an extra month of unemployment insurance is issued; if the remainder exceeds four months but is less than eight months, it is calculated as eight months, but the maximum benefit period does not exceed twenty-four months.

How to receive unemployment benefits in Beijing? What are the impacts of receiving unemployment benefits?
After becoming unemployed in Beijing, you can receive unemployment insurance, but you need to meet certain conditions, and receiving unemployment insurance may have some impacts on other aspects. Here are the details:

Conditions for receiving unemployment insurance:

1. You must have participated in unemployment insurance and both your unit and yourself have fulfilled the payment obligations for more than a year.

2. You must not have interrupted employment due to your own will. For example: being terminated by the employer, the labor contract expires without renewal, etc.

3. You must have completed unemployment registration and have job-seeking requirements.

In simple terms: you have been laid off by the company!

Application process:
Official process (can be directly ignored):

1. Complete unemployment registration: Within 60 days from the termination or dissolution of the labor contract, bring your ID card, termination notice, unemployment registration certificate, and other materials to the local unemployment insurance handling agency to complete unemployment registration.

2. Submit application materials: including ID card, termination notice, unemployment registration certificate, social security card, etc.

3. Review: The unemployment insurance handling agency reviews the application materials.

4. Receive unemployment benefits: After approval, unemployment insurance will be paid monthly to the individual's bank account.

Internet - Quick Method:

• Note: Alipay -> Search for "unemployment assistance" -> Select "Unemployment Insurance Application - Beijing" -> Just submit the application.

• The status of unemployment benefits is submitted by the company; after submission, you can apply.

• The application for unemployment benefits does not require you to provide any materials; just apply directly, I did it!

• The unemployment benefits I received were on the 14th of each month.

Duration for receiving unemployment benefits:
The duration for receiving unemployment benefits is determined by the cumulative payment period, with a maximum of 24 months. For example:

• For those who have paid for more than one year but less than five years, they can receive two months of unemployment benefits for each full year.

• For those who have paid for more than five years but less than ten years, they can receive three months of unemployment benefits for each full year.

• For those who have paid for more than ten years, they can receive four months of unemployment benefits for each full year.

I can accumulate up to 16 months of benefits.

Impact of receiving unemployment benefits:

1. Medical insurance: During the period of receiving unemployment benefits, the basic medical insurance premiums for unemployed individuals are paid by the unemployment insurance fund, and individuals do not need to pay.

2. Pension: During the period of receiving unemployment benefits, unemployed individuals do not pay pension insurance premiums, and the unemployment insurance fund does not pay on their behalf, resulting in no new records in the personal pension account during the period of receiving unemployment benefits.

3. Employment record: The record of receiving unemployment benefits will be kept in the social security system, but it will not negatively impact future social security records.

4. Other social insurances: Receiving unemployment benefits does not affect the receipt of other types of social insurance benefits, such as maternity insurance, work injury insurance, etc.

5. Housing provident fund: During unemployment, neither the individual nor the unit will pay the housing provident fund, and the account will stop accumulating.

Precautions:

• Unemployment benefits are paid monthly, and unemployed individuals should regularly go to designated locations for job-seeking registration to express their job-seeking intentions.

• If you find a job during the period of receiving unemployment benefits, you should promptly report to the unemployment insurance handling agency to stop receiving unemployment benefits.

Through the above steps and information, you can understand how to receive unemployment benefits after becoming unemployed in Beijing and the possible impacts. Detailed policy information can be consulted with the local unemployment insurance handling agency or social security center.

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