How much salary will I pay for my dismissal?

If you are eligible for severance payment, you should pay half a month's salary, and if you do not leave your job with one month's notice, you will be paid another month's salary.

According to Article 47 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. 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.

Excuse me, what expelled you. Did you seriously violate the discipline? If the company dismisses you without any reason, it can offer to compensate you with severance or pay you double the severance (twice the severance payment).

The premise of the compensation is that your company dismisses you in violation of the Labor Contract Law. The amount of compensation is based on the number of years of service. You will be compensated for one month for each year you work in the company, one month for more than half a year, and half a month for less than half a year.

The standard is based on the monthly average of the 12 months prior to your expulsion, multiplied by the amount for one month of the year. For example, if you have worked in the company for 5 years and the average monthly salary is 2,000 yuan, then the compensation is 5*2,000=10,000 yuan. If the employer dismisses you illegally, the employer shall pay you double the amount of compensation, that is, compensation.

I don't know if it's clear? It is recommended that you study the "Labor Contract Law", which will be helpful to you.

should pay one month's salary, 5,000 yuan.

1) The employer proposes to terminate the labor union and meets one of the following conditions:

1.The labor contract is terminated by mutual agreement between the two parties;

2.The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;

3.The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

4.There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation;

5.During the period when the employer is on the verge of bankruptcy and undergoing statutory rectification, or serious difficulties arise in its production and operation conditions, it is necessary to lay off personnel;

2) The employee proposes to terminate the labor contract and meets one of the following conditions:

1.The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

2.The employer fails to pay labor remuneration or provide working conditions in accordance with the provisions of the labor contract;

3.Other circumstances stipulated by laws and regulations.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employing unit shall pay economic compensation to the employee:

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) 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 a 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.

Legal analysis: dismissal depends on the reason, if it is a statutory reason, you will not get compensation. If it is not a statutory reason, you can get 2 months of economic compensation and 1 month of compensation.

The compensation is the average salary for the 12 months prior to dismissal, and the monthly salary should be the salary stated in the contract, the salary before taxes. As for the subsidy, if it is written in the contract, you can get it.

Legal basis: Article 469 of the Civil Code of the People's Republic of China The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Salary compensation for employees who are dismissed:

1. If the company proposes and dissuades the employee through consultation with the employee, the company shall pay economic compensation according to the working years; If the employee is dismissed by the company, the calculation standard of severance is as follows, and if it is illegal dismissal, it will be calculated according to the standard of 2 times:

1) Severance payment is based on the number of years the employee has worked in the company, and one month's salary is paid to the employee for each full year.

2) If the employee has worked for more than six months but less than one year, it shall be calculated according to the standard of one year;

3) If the employee has worked for less than six months, the employee shall be paid half a month's salary as economic compensation;

2. If the company unilaterally dismisses the employee in violation of the law, the company shall pay double compensation according to the standard of economic compensation;

3. If the employee is dismissed because the employer can terminate the labor contract as prescribed by law, there is no compensation.

The criteria for being expelled and being able to go back are as follows:

If the employee is dismissed by the employer in accordance with the law, the employee cannot return to work unless the employer agrees to sign a new labor contract with the employee; If the employer only dismisses the employee verbally and there is no statutory reason, it is recommended that the employee continue to work so as to avoid the employer using this as an excuse to claim that the employee is absent from work and terminate the contract. Dismissal refers to an administrative measure taken by an employer to forcibly terminate an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not reached the level of dismissal or dismissal.

To sum up, if the employer terminates the labor contract in violation of the law, it shall pay 2 months' salary per year as compensation.

Legal basis]:

Article 46 of 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 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 raises the agreed conditions of the labor contract and the employee does not agree to renew the contract;

6) Terminating a 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.