There are three situations in which an employer dissolves or terminates a labor contract. First, the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer does not need to notify the employee 30 days in advance or pay economic compensation; Second, if the labor contract is dissolved in accordance with the relevant provisions of the Labor Contract Law or the stipulations of the labor contract, and it conforms to Article 46 of the Labor Contract Law, it shall pay economic compensation to the workers in accordance with the provisions of Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an extra month's salary according to Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with the provisions of Articles 48 and 87 of the Labor Contract Law, and the compensation shall be twice as much as the economic compensation. See Article 27 of the Regulations for the Implementation of the Labor Contract Law for the calculation scope of economic compensation. The employing unit shall also issue a certificate of dissolution of the labor contract stipulated in Articles 50 and 89 of the Labor Contract Law to the employee, and the contents of the certificate shall conform to the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
Pay attention to keep the written notice and handover list that the employer requires you to hand over to someone, which are important evidence for you to handle the handover according to law when your rights and interests are infringed. If the employer fails to send a handover notice to someone, it can be regarded as unnecessary handover. See Article 9 of the Interim Provisions on Wage Payment and Article 50 of the Labor Contract Law for the time of wage payment when the labor contract (or labor relationship) is dissolved. If the payment is not made on time, it can be handled according to Article 3 of the Measures for Economic Compensation for Violation and Termination of Labor Contract 10 or Article 85 of the Labor Contract Law. The difference is that the former can claim directly, and the latter can claim only after the labor department orders it not to pay.
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