Is the part of the compensation paid for the termination of the labor contract to be paid to the uni

It depends on whether it is included in the total salary, and if it is included in the total salary, it is necessary to accrue the trade union funds, and if it is not included, it is naturally not needed.

The following items are excluded from the scope of gross wages:

1) Invention and Creation Awards, Natural Science Awards, Scientific and Technological Progress Awards, and Reasonable Suggestions and Technological Improvement Awards issued in accordance with the relevant provisions of the National Science and Technology Awards, as well as bonuses paid to athletes and coaches;

2) Expenses related to labor insurance and employee welfare;

3) Expenditures related to the benefits of retirees, retirees, and retirees;

4) Expenditures on labor protection;

5) Manuscript fees, lecture fees and other remuneration for specialized work;

6) Meal allowance for business trips, meal allowances, travel expenses for transfer work, and settling-in allowances;

7) Compensation for tools, livestock, etc., paid by employees who bring their own tools and livestock to work in the enterprise;

H) the implementation of the lease business unit of the lessee risk compensation income;

9) Dividends (including stock dividends) and interest paid to employees who purchase the company's ** and bonds;

10) Medical subsidies and living allowances paid by the enterprise when the labor contract is terminated by the employee;

11) To pay handling fees or management fees to the labor provider in addition to wages for the employment of temporary workers;

12) Processing fees paid to domestic workers and contract fees paid to contractors in accordance with the processing order method;

13) Subsidies paid to students participating in enterprise labor;

14) Subsidies for family planning for one child.

The part of the compensation paid for the termination of the labor contract shall not be subject to the union fee.

Whether the chairman of the trade union has additional compensation when terminating the labor contract is not clearly stipulated in the law, and it needs to be analyzed in light of the actual situation. The chairman of the trade union is subject to special protection by law, and his employment contract will be automatically extended from the date of expiration of his term of office after the expiration of his term of office, and the extended period shall be equivalent to the term of office. However, there are controversies in practice as to whether the chairman of the trade union can receive both compensation and economic compensation if the labor contract is terminated during the period when the term of office of the chairman of the trade union has not been renewed.

Legal analysis

According to the relevanceLaws and RegulationsIt is stipulated that the severance payment for the termination of a labor contract is the severance given by the employer to the employee for the accumulation of contributions made to the employer during the existence of the labor relationship, and the amount is generally linked to the length of service of the employer. The implementation of the economic compensation system for the termination of labor contracts is mainly to enable employees to obtain the necessary guarantee of basic livelihood after being terminated from the labor contract and before the new job, or have the ability to continue to treat diseases. When an employer terminates the labor contract of the chairman of the labor union, it shall pay severance according to the regulations, that is, the compensation and the severance for the termination of the labor contract can be used together.

Because the compensation of twice the annual income is applicable to the fault liability, it is the compensation for the losses suffered by the employer due to the illegal termination of the labor contract of the employee or the trade union staff, which belongs to the category of breach of contract liability for breach of labor contract and has a certain punitive nature. The severance payment for the termination of the labor contract is a compensation in the nature of social security and a relief for the employee, which has nothing to do with the fault of both parties, and is a no-fault liability and does not have the nature of punishment.

Legal basis

Trade Union Law of the People's Republic of China Article 18 The term of the labor contract of the full-time chairman, vice-chairman or member of a grass-roots trade union shall be automatically extended from the date of taking office, and the extension period shall be equivalent to the period of his or her tenure; If the term of the labor contract that the part-time chairman, vice-chairman or member has not yet performed is shorter than the term of office from the date of taking office, the term of the labor contract shall be automatically extended until the expiration of the term of office. However, there is an exception for serious personal negligence during the term of office or reaching the statutory retirement age.

Labor Contract Law of the People's Republic of China Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee 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 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 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

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 cannot be continued to be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 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 standard of economic compensation stipulated in Article 47 of this Law. Can the above laws be exempted?

Failure to pass the union does not belong to Cheng Hui Li Xu, is it not legal?

The employer only notifies the union of the reasons for terminating the contract in advance.

According to Article 43 of the Labor Contract Law, an employer shall notify the labor union of the reasons for unilateral termination of the labor contract in advance. If an employer violates laws and administrative regulations or obscures the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the result of the handling of the cover section.

The reason is notified to the union in advance, not through the union.

If the labor union is notified of the reasons in advance, the procedures prescribed by law shall be followed.

Article 52 of the Trade Union Law stipulates that in any of the following circumstances, the labor administrative department shall order the employee to resume his or her work, and pay back the remuneration due during the period during which the labor contract has been terminated, or order him to pay compensation equal to twice his annual income: (1) The employee has been terminated from the labor contract due to participating in trade union activities; (2) The labor contract of a trade union employee is terminated due to the performance of the duties provided for in this Law. Forget.