The company delayed the salary for 2 and a half months, and then the company announced its dissoluti

Of course, it is settled separately, and the salary belongs to the salary, and the compensation belongs to the compensation.

Definition of wage arrears: Article 4 of the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor (No. 1995 226) stipulates that the "unjustified arrears" mentioned in Article 10 of the Provisions (No. 1994 489) refers to the failure of the employer to pay the wages of the employee beyond the prescribed time for payment of wages due to legitimate reasons. Excludes:

1) The employer is unable to pay wages on time due to natural disasters, wars, or other reasons beyond human resistance;

2) If an employer is truly affected by production difficulties and capital turnover, it may, with the consent of the labor union of the unit, temporarily postpone the payment of workers' wages, and the maximum limit of the extension period may be determined by the labor administrative department of the province, autonomous region or municipality directly under the Central Government in accordance with the local situation. In all other cases, wage arrears are unjustified.

Article 47 of the Labor Law stipulates that economic compensation shall be paid to the worker at the rate of one month's salary for each full year of service in the employer. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Reported by the Labor Inspection Brigade.

Summary. Compensation, a form in which the employer bears legal liability for violating labor laws. In China, if an employer violates the law and causes losses to an employee, there are two types of compensation systems in accordance with the law:

The worker shall request compensation through labor arbitration, and the labor administrative department shall order compensation through labor inspection.

Hello dear, I am glad to answer for you whether there is compensation for the company's dissolution after two months of work, and the reply is as follows: Yes. The economic compensation shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

where it is more than six months but less than one year, it is calculated as one year; If the sentence is less than six months, the worker shall be paid half a month's salary as economic compensation.

Compensation is a form of liability for violating the labor law. In China, if an employer violates the law and causes losses to an employee, there are two types of compensation systems in accordance with the law: the employee claims compensation through labor arbitration, and the labor administrative department orders compensation through labor inspection.

How should employees be compensated for the closure and dismissal of the company?

If the company has statutory fault, it may entrust a lawyer to file labor arbitration and labor litigation in accordance with the law, and require the company to pay wages, overtime wages, economic compensation for one month's actual wages for each year of work, and other losses.

The first thing to do is to determine what the nature of the company is, why it is dissolved, and what is agreed in the employment contract.

If it is bankrupt, then it is necessary to submit relevant documents to the local labor bureau, and compensate for the liquidation of assets according to the compensation standard of the labor bureau.

If the company is still in existence and the team you work for is dissolved, then you need to pay liquidated damages for the labor contract. Among them, if it is only the dissolution of the team, it is not a dismissal, the labor relationship has not been dissolved, as long as you clock in to work, the company still pays wages.

If there is no employment contract, whether it is protected.

If the termination of the contract between the company and the employee falls under one of the sharp circumstances under Article 46 of the Labor Contract Law, the company shall pay economic compensation to the employee; If the company illegally terminates the labor contract, the employee shall be compensated at twice the economic compensation standard; In other cases, the company does not need to compensate the employee.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. if it is more than six months but less than one year, it will be calculated as one year of silver cherry shirt; If it is less than six months, the worker shall be paid half a month's salary. Article 87 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Article 25 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with Article 87 of the Labor Contract Law, no economic compensation shall be paid. The calculation period of compensation shall be calculated from the date of employment.