Case 61: legal consulting service for 15 years from the retirement age of 5 years automatic turnover, enterprises can terminate the labor contract


[case]
The continuous service for 15 years from the retirement age of 5 years but automatic turnover, enterprises can terminate the labor contract, the security to handle?
[consultation]
1: the company may terminate the labor contract with Lin.
The labor contract law the fortieth regulation: "in any of the following circumstances, the employer thirty days in advance written notice to the worker or extra to pay workers a month's wages, may terminate the labor contract:
(a) the employee is sick or non work related injury, after a certain period of medical treatment can not engage in the original work can not be engaged in be arranged by the employing unit of work;
(two) the worker can not do the work, after training or adjustment to work, still not qualified for the job;
(three) the basis for the conclusion of the labor contract changes, resulting in inability to perform the labor contract, after consultation with the unit and the laborer, failed to reach agreement on Amending the labor contract.

2: Lin's request not supported. Because the agreement by both sides in damages for the breach of contract is the actual economic losses of the other party, and Lin and no actual loss, all the wage within the validity period of the contract is expected income, not loss. But Lin can fulfill the request to the company performance and confidentiality and secrecy, consultation fees.