The company lays off people, how to compensate 20

Article 47 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's 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.

How is the redundancy compensation calculated?

According to the Ministry of Labor's "Opinions on the Implementation of the Labor Law of the People's Republic of China and Several Issues", wages generally include six forms: hourly wages, piecework wages, bonuses, allowances and subsidies, wages and remuneration for extended working hours, and wages paid under special circumstances.

However, the following types of wages are not included in the scope of wages

1. Social insurance and welfare expenses paid by the unit to individual workers, such as funeral and bereavement relief expenses, living difficulties subsidies, family planning subsidies, etc.;

2. Labor protection expenses, such as work clothes, antidotes, and soft drinks paid by the employer to the workers;

3. All kinds of labor remuneration and other labor income not listed in the total salary according to the regulations, such as the Creation and Invention Award, the National Spark Award, the Natural Science Award, the Science and Technology Progress Award, the Rationalization Suggestion and Technological Improvement Award, the China Skills Award, etc., as well as manuscript fees, lecture fees, translation fees, etc.

It depends on the contract you signed with the company in the first place. There must be compensation, but the liquidated damages depend on whether there is a provision in the contract.

It is very likely that you will not lose a penny if you join the company in July. Because according to the regulations, if you sign a contract, you will only pay one month of public capital after one year, and you will only pay for a few months, how can you compensate? But since the company said that it was going to pay compensation, the company was not bad, and the specific compensation company should have regulations.

Also, if you still want this job, I recommend that you take a vacation and find something else to do during your vacation.

If you really don't want to do it, it is better to ask the local labor department about whether it is the standard of the local labor department on the Internet.

There must be compensation so you don't have to worry.

The compensation method for the company's layoffs is as follows:

1. According to the number of years of service, one month's salary will be given for one year, one year for less than one year, and half a month's salary for less than half a year, and the standard is the average salary for the first 12 months, including bonus allowances and subsidies;

2. If you do not advance 30 days in advance, you will be given one month's salary as notice in lieu of notice, and the standard is the salary due from the previous month;

3. The final bonus depends on how it is agreed in the contract, and if there is no agreement, it can only be resolved through negotiation. In addition, it depends on whether the local government has regulations on the year-end bonus, such as the local regulations that the year-end bonus should be paid according to the actual working hours of the unit;

4. If the company dismisses the employee without legal reasons, it is illegal to terminate the labor contract, and 2 months' salary shall be paid as compensation for every year of work. The salary standard is calculated based on the average salary of the employee in the 12 months prior to the employee's resignation, which is the average of all wages;

5. If the company has illegal reasons such as arrears of wages or deduction of wages or unilateral transfer of the party's job or reduction of the party's salary, the party can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.

Legal basisArticle 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

The company will compensate the employee according to the number of years he or she has worked in the company.

If the parties to the labor contract agree through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the labor contract, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year. One month's salary is paid to the worker for each full year.

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 salary 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 level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years.

Labor Contract Law of the People's Republic of China Article 4 [Rules and Regulations] Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that employees enjoy labor rights and perform labor obligations.

When formulating, revising or deciding on rules and regulations directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and welfare, employee training, labor discipline and labor quota management, or major matters related to the resale of early sales, the employer shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or the representatives of the workers on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

Labor Contract Law of the People's Republic of China Article 2 [Scope of Application] This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with employees and conclude, perform, modify, dissolve or terminate labor contracts.

The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law.

Legal Opinion] If an employer lays off employees due to business difficulties, it shall notify the employee in writing 30 days in advance, seek the opinion of the labor union, and then pay the employee severance at the standard of one month's salary for every year of service. If a worker has worked for 10 years, then he or she will be paid 10 months. If the employer fails to perform legal procedures such as notifying the employee in writing or soliciting the opinion of the labor union, it is an illegal termination, and the employee shall be compensated, i.e., two months' wages for one year of service.

Legal basis] Article 46 of the Labor Contract Law stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations. Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. If the grip of socks is more than one month but less than one year, it will be counted 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. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 40 of this Law.

Legal analysis: If the company's performance is not good, it can apply for layoffs, but the unit needs to pay the employee compensation after negotiation, which is calculated according to his salary for one month a year. In the case of economic layoffs, the employer shall pay economic compensation, and the specific amount of compensation shall be determined according to the number of years of service of each person.

In addition, it is best to check the social security and medical insurance you bought, which can be used as evidence to calculate the base. If you do not agree to terminate the negotiation or are dissatisfied with the negotiation conditions, you can apply for labor arbitration.

Legal basis: In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but account for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department: (1) reorganization shall be carried out in accordance with the provisions of the Enterprise Bankruptcy Law; (2) Serious difficulties occur in production and operation; (3) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When laying off personnel, priority shall be given to retaining the following personnel: (1) those who have entered into a fixed-term labor contract with the unit for a longer period; (2) Entering into an indefinite labor contract with the unit; (3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this article and rehires personnel within six months, it shall notify the personnel who have been laid off, and give priority to recruiting the personnel who have been laid off under the same conditions.