What is the compensation standard for the closure of enterprises by the state?

Legal analysis: The standard of compensation for employees in bankruptcy of an enterprise is calculated according to the number of years the worker has worked in the unit, and the standard of 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.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

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. 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.

Legal analysis: If an enterprise is shut down due to state expropriation, the enterprise can be compensated for the value of the expropriated house in accordance with the provisions of the Regulations on the Expropriation and Compensation of Houses on State-owned Land; compensation for relocation and temporary resettlement caused by the expropriation of houses; Compensation for the loss of production and business suspension caused by the expropriation of the house, etc.

Legal basis: "Regulations on the Expropriation and Compensation of Houses on State-owned Land" Article 17 The compensation given to the expropriated person by the people at the city and county level who made the decision on housing expropriation includes: (1) Compensation for the value of the expropriated house; (2) Compensation for relocation and temporary resettlement caused by the expropriation of housing; (3) Compensation for losses caused by the suspension of production and business caused by the expropriation of houses.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

Legal analysis: The compensation standard for employees who have been shut down by an enterprise is to pay one month's salary for each year of work, one month for less than one year, and half a month for less than six months.

Legal basis: Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 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, 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.

Article 44 of the Labor Contract Law The labor contract shall be terminated under any of the following circumstances: (1) the labor contract expires; (2) The worker begins to enjoy basic pension insurance benefits in accordance with the law; (3) The laborer dies, or is declared dead or missing by the people's court; (4) The employer has been declared bankrupt in accordance with law; (5) The employer's business license has been revoked, it has been ordered to close down, or it has been revoked, or the employer has decided to dissolve ahead of schedule; (6) Other circumstances provided for by laws and administrative regulations.

Article 41 of the Labor Contract Law In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees but accounting 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 reducing personnel, priority shall be given to retaining the following personnel:

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 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.

Legal analysis: 1. Regional compensation price for land use rights; Second, the plant is reset to a new price; 3. Expenses for loss of production and business suspension; Fourth, decoration accessories; 5. Machinery and equipment; 6. Relocation costs.

Legal basis: Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases Article 56 Where a labor contract is terminated due to the bankruptcy of an enterprise, the right of the employee to claim compensation against the enterprise in accordance with the law or in accordance with the labor contract shall be repaid in the order provided for in Article 37, Paragraph 2 (1) of the Enterprise Bankruptcy Law.

Enterprise Bankruptcy Law of the People's Republic of China Article 37 After the people's court accepts the bankruptcy application, the administrator may recover the pledge or lien by paying off the debts or providing guarantees accepted by the creditors. When the value of the pledge or lien is lower than the amount of the secured creditor's right, the market value of the pledge or lien shall be limited to the current market value of the pledge or lien provided for in the preceding paragraph.