On the issue of compensation for unilateral termination of labor contract by a unit

Before January 1, 2008, the severance was 1 month, 3,000 yuan;

After January 1, 2008, the severance is 9,000 yuan for 3 months, and if the employer terminates the labor contract without a valid reason, you can claim 18,000 yuan in compensation (there is no 9,000 yuan compensation at this time).

The above is wrong, I am a labor and social security inspector, and the economic compensation is calculated according to the segments, that is: before January 1, 2008, it is calculated according to the "Labor Law" standard, and after January 1, 2008, it is calculated according to the "Labor Contract Law", the difference between the two is that the labor law stipulates that one month's salary will be paid if it is less than half a year, while the labor contract law is half a month's salary if it is less than half a year, and one month's salary if it is more than half a year.

Therefore, for a total of 3 years and 2 months, the severance should be compensated for 3 and a half months' wages. (Since working hours are continuous, they cannot be calculated separately.) ）

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee 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.

Article 97: The period of economic compensation is calculated from the date on which this Law takes effect; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.

As a result, you will receive two and a half months' severance payment based on the average salary of the 12 months prior to the termination or termination of the employment contract.

The compensation for unilateral termination of the labor contract by the enterprise is divided into the following situations: 1. If the labor contract is terminated illegally, the compensation shall be paid to the employee at twice the economic compensation standard; 2. In case of negotiation with the employee to terminate the labor contract, dismissal without fault, or economic layoff, economic compensation shall be paid according to the number of years; 3. Employees who are dismissed due to gross negligence or serious violation of the rules and regulations of the employer do not need to pay economic compensation.

Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) It is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being raised by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Compensation for unlawful termination of the contract was required. The calculation standard of severance is as follows: one month's salary for each full year of service, and one year for more than six months in less than one year.

If the department orders it is less than six months, it will be calculated as half a year, and half a month's compensation will be paid. According to 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 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.

If you do not require the employer to continue to perform the contract, the employer shall pay you twice the severance of one month's salary, i.e., two months' wages, according to your service of half a year and less than one year. Changes in the wage structure do not affect the calculation of severance payments. The severance is calculated based on the average monthly pre-tax salary for 9 months (or 8 months) before you terminate the labor contract, so it is still 2000x2=4000 yuan.

Labor Contract Law:

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

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.

Regulations for the Implementation of the Labor Contract Law:

Article 27 The monthly wages for economic compensation as provided for in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

If you are not notified one month in advance of the termination of the labor contract, you will be compensated with two months' salary, that is, not less than 4,000 yuan. Good luck.

Article 46 of the Labor Contract Law of the People's Republic of China 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) 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.

Since you did not explain the reasons for the unilateral termination of the contract by the employer, you have to refer to Articles 36, 40, 41, 1, 44, 1 and 5 of the Labor Contract Law.

If you find a lawyer, you should be able to get compensation.