If the company lays off employees, it s time to pay a few months of salary compensation Please, ever

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.

3. The above legal requirements can be negotiated with the company first, if not, only to the labor arbitration department to apply for arbitration (no fee), through the award issued by labor arbitration, to claim compensation from the company, if the company does not pay, can apply to the court for enforcement. 4. When you arbitrate, you can try to collect some relevant evidence, which is conducive to ruling, and it doesn't matter if you don't, in labor dispute cases, according to the relevant laws and regulations of the state, the main responsibility for proof lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.

If the contract is signed for one year, after 11 months after the contract takes effect, the company can terminate the labor contract, compensate for one month's salary, and pay the 12th month's salary to the employee. Beg.

If the employer makes layoffs, the severance compensation for the layoffs shall be calculated based on the average salary of the employee in the 12 months prior to the termination of the labor contract. Illegal redundancy is a layoff that is not made in accordance with the law and is subject to the payment of compensation. Economic layoffs must meet the procedural and substantive requirements stipulated in Article 41 of the Labor Contract Law, otherwise it constitutes an illegal termination of the labor contract, and the employee needs to pay economic compensation, which is twice the economic compensation.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China on Return to Zhengguo?

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.

For the purposes of this article, the term "monthly wage" refers to the average wage of an employee for 12 months prior to the termination or dissolution of the labor contract.

The standard is to pay you one month's own salary for each year of service. If no one month's notice of redundancy is given, an additional month's salary should be paid. If the notice of layoffs and the time for terminating the employment relationship are more than one month, the company does not need to pay one additional month's salary.

1. The employer may terminate the labor contract by notifying the employee 30 days in advance.

According to the regulations, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary", so the employer either gives 30 days' notice in advance, or does not pay one month's salary in advance as payment in lieu of notice. In addition, according to Article 87 of the Labor Contract Law, "if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law", and if the company terminates the labor contract in violation of the law, it must pay compensation.

2. How to compensate for the company's layoff wages.

The company's salary compensation standards for layoffs are as follows:

1. If the employer legally lays off employees, the employer shall pay severance according to the number of years of work-related injury of the employee in the employer, and the standard of severance shall be one month's salary for each full year, and if it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, it shall be paid half a month's salary;

2. If the employer lays off employees illegally, it is a unilateral illegal termination of the labor relationship by the employer, and the employer may be required to pay double the economic compensation.

If the employer dissolves or terminates the labor contract in violation of relevant regulations, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract.

3. Is it necessary for the company to pay the notice of the company's layoffs?

There is no concept of payment in lieu of notice in the Labour Code. Payment in lieu of notice is a term in Hong Kong and Taiwan;

It means that the employer shall give one month's notice when proposing to terminate the labor contract or terminate the old lease labor contract, and if the employer fails to give one month's notice in accordance with the law, it shall pay one month's salary instead.

If the labor contract is terminated due to layoff, there is no need to pay wages in lieu of notice. The employer shall pay severance to the employee.