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Of course, compensation is needed.
According to Article 47 of the current Labor Law, economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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.
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Layoffs are subject to severance payments.
According to. Article 27 of the Labor Law stipulates that "if an employer is on the verge of bankruptcy and undergoes statutory rectification or if serious difficulties arise in its production and operation and it is necessary to lay off its employees, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department." It is possible to lay off personnel.
Article 5 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor stipulates that: "If the parties to the labor contract are agreed upon 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 employer, up to a maximum of 12 months." If the working time is less than one year, the severance shall be paid at the rate of one year.
Further, according to 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 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.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (4) The employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law;
Therefore, those who meet the provisions of the Labor Contract Law should be compensated for layoffs.
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Of course, it is necessary to compensate for wages, according to the annual average wage standard, according to the annual average salary standard to compensate 1 month's salary per year, for example, 5 years of service, the average annual salary is 1000, then it is 5 years multiplied by 1000 yuan, and the compensation is 5000 yuan.
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In the case of layoffs, the current labor law stipulates that one month's salary will be paid for one year, and two months' salary will be made up for two years.
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Companies need to compensate wages for layoffs. Article 41 of the Labor Contract Law stipulates that 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 may reduce the number of employees after being notified of 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 layoff plan may be reported to the labor administrative department
1. In accordance with the provisions of Article 41 of the Labor Contract Law, the layoff of employees by the unit must go through strict democratic procedures and report to the labor department for approval, otherwise it is illegal to terminate the labor contract, and the compensation shall be paid to the employee in accordance with Article 87 of the Labor Contract Law, which shall be twice the economic compensation standard stipulated in Article 47 of this Law, and the salary shall be calculated as 6 months. In the case of approved redundancy, severance payments of 3 months' salary are payable. 2. The severance shall be calculated in accordance with the provisions of Article 47 of the Labor Contract Law and Article 27 of the Regulations for the Implementation of the Labor Contract Law, and the monthly salary shall be calculated according to the wages due to the employee, that is, the pre-tax wage. >>>More
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