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Anonymous users2024-02-06What compensation can employees get for the bankruptcy of the company?
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Anonymous users2024-02-05Legal analysis: If the dissolution of the company's department is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the labor contract, the company shall pay one month's salary and economic compensation for the employee's salary every year according to the employee's working years in the unit, and pay it as one year for the period of half a year and less than one year, and half a year for less than half a year, with a maximum payment period of 12 years.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:
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) Except where the employer maintains or renews the labor contract by raising the agreed conditions of the labor contract, and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
6) Terminating 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.
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Anonymous users2024-02-04If the dissolution of the company's department is a major change in the objective circumstances on which the labor contract is concluded, resulting in the inability to perform the labor contract, the company shall pay economic compensation. It is possible to claim compensation for one month's salary.
Legal basis: Article 41 of the Labor Contract Law of the People's Republic of China: In any of the following circumstances, if it is necessary to lay off more than 20 employees or reduce 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 is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;
2) Serious difficulties occur in production and operation;
3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;
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 reducing personnel, priority shall be given to retaining the following people:
1) Entering into a fixed-term labor contract with the unit for a longer period of time;
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 the personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.
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Anonymous users2024-02-03Compensation for sudden dissolution of the company: The company, as an employer, shall pay economic compensation to the employee in accordance with the law. The severance compensation is calculated based on the number of years the employee has worked for the company, and the maximum number of years of compensation shall not exceed 12 years.
The compensation standard is one month's salary for each full year, and if it is more than six months but less than one year, it will be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
Labor Contract Law of the People's Republic of China
Article 47.
Severance 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. if it is more than six months but less than one year, it shall be counted as one year with celery;
If it is less than six months, the laborer shall be paid half a month's wages as economic compensation. 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.
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