What compensation should be received for the termination of labor? Ask that master to help 30

Extended working hours pay, overtime pay, annual leave pay, statutory holiday pay, and hopefully financial benefits, if more severe, can claim compensation of 25% of overtime wages.

It is recommended that you apply for labor arbitration directly at the labor arbitration commission.

Is there any annual leave? Did you work overtime? How do you write your resignation application?

Annual leave is 5 days a year and spans no more than 2 years.

If you resign and write that you have not paid overtime wages, then you will be compensated with one month's salary for each full year according to Article 47 of the Labor Contract Law.

Even if you apply for labor arbitration, you still need to write the arbitration application yourself.

We will not help you write your application during arbitration. Nor will they accept your consultations.

If you resign due to the fault of the employer (such as delayed payment of wages, forced labor, failure to guarantee working conditions, etc.), you can receive financial compensation; If you voluntarily resign with 30 days' notice, there is no compensation; If the employer proposes to terminate the labor contract to you, it shall pay you economic compensation. The calculation of compensation is based on one month's salary for each full year of service, one year for more than six months and less than one year, and half a month's salary for less than six months. Salary refers to your average salary for the twelve months prior to your resignation.

1. If it is terminated in accordance with the provisions of the law, economic compensation shall be given; 2. If the termination is made in violation of the law, twice the economic compensation shall be given. According to the relevant laws and regulations of China, if both parties agree to terminate the contract, the worker shall be given economic compensation according to the number of years of service in the unit, and one month's salary shall be paid for each full year. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be given half a month's salary.

If the employer dismisses the employee without any reason, it also needs to compensate according to the above standards.

Labor Contract Law of the People's Republic of China

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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 worker according to the number of years he or she has worked in the unit 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 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 provided for in Article 47 of this Law.

The compensation for the termination of the labor contract is as follows: If the labor contract is terminated in violation of the law, the compensation shall be paid to the employee at twice the compensation standard according to the economic foresight. The compensation is calculated according to the number of years the worker has worked in the unit and one month's salary for each full year.

1. If the employer or the employee terminates the labor contract in accordance with the relevant provisions and provisions of Article 46 of the Labor Contract Law of the People's Republic of China, the employer shall give economic compensation in accordance with the law. The principle of compensation refers to the provisions of Article 47 of the Law, according to the employee's years of service in the employer, one month's salary shall be paid as economic compensation for every one year of service, one month's salary shall be paid for more than half a year, and half a month's salary shall be paid for less than half a year.

2. The term "monthly wage" in the Labor Contract Law refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

The judicial basis is Articles 46 and 47 of the Labor Contract Law of the People's Republic of China.