我国《劳动法》第24条、第26条至28条对应当给予经济补偿的情形作了明确的规定,归纳起来:一是经劳动合同当事人协商一致同意解除劳动合同的。二是非过失性辞退劳动的,它包括三种情况:(1)劳动者患病或者非因工负伤,医疗期满后,不能从事原工作也不能从事由单位另行安排的工作的;( Article 24 and Article 26 to 28 of the “Labor Law” of our country clearly stipulate the situations in which economic compensation should be given. To sum up, the first case is the termination of a labor contract by the parties to the labor contract through consensus. The second is non-negligence dismissal of labor, which includes three situations: (1) workers suffering from illness or non-work-related injuries, after the expiration of medical treatment can not be engaged in the original work can not be carried out by the work of the organization;