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There are three types of compensation for the dismissal of an employee by an employer:
1. If the labor contract is terminated under the circumstances specified in Article 39 of the Labor Contract Law, there shall be no economic compensation or compensation.
2. If the employer terminates the labor contract in accordance with the regulations, the employer shall pay economic compensation to the employee in accordance with Article 46 of the Labor Contract Law.
3. If the employer terminates the labor contract in violation of the regulations, it shall pay compensation to the employee at twice the standard of economic compensation.
Labor Contract Law
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.
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Summary. The first category: the pension subsidy for the in-service employees who are canceled from the establishment of the institution and the employees who sign the labor contract for management will get a one-time pension subsidy, after all, there is a big difference between the establishment and the establishment is the pension problem, and many people choose to work in the public institution because the pension treatment after retirement is better, and the amount of the subsidy is calculated as:
The monthly basic salary calculated and paid by the person before the change of enterprise or restructuring in accordance with the provisions of the state, and the number of years of service in the organs, institutions (military), and months.
The first category: the pension subsidy for the in-service employees who are canceled from the establishment of the establishment of the institution and the employees who sign the labor contract for the management will get a one-time pension supplement, after all, there is a big difference between the establishment and the lack of the establishment is the pension problem, and many people choose to work in the public institution because the pension treatment after retirement is better, and the amount of the subsidy is calculated as a jealousy argument: before the transformation of the enterprise, I calculated the monthly basic salary according to the provisions of the state Organs and institutions (military) Years of experience months.
2. Category 2: Treatment of RetireesRegarding the treatment of retirees involved in the reform of public institutions into enterprises, the original measures shall be implemented in accordance with the provisions of the Draft. The retirement salary and treatment of the retired personnel during the period of internal retirement shall continue to be responsible for the unit after the transformation in accordance with the policies and regulations of the state and the provinces; Statutory retirees will continue to be implemented in accordance with the original standards, and at the same time, after the internal retirees reach the statutory retirement age and go through the retirement procedures, their retirement benefits will be included in the overall scope of social insurance.
The third category: dismissal of personnel in the process of changing public institutions into enterprises, and Chunchen not all employees can smoothly change to labor contract management, and some employees who cannot adapt to the new management standards and systems will inevitably be dismissed, and they can also get compensation according to the standards. Employees who have worked for one year can get one month's average monthly salary as compensation, and those who have worked for six months but less than one year can also get one month's average monthly salary as compensation.
The average monthly salary here refers to the average monthly salary that the dismissed employee should have received in the previous year. If the average monthly wage is more than 3 times the average monthly wage of employees in the same period in the city, it shall be calculated as 3 times. If the average monthly salary is lower than the sum of the salary and salary scale of the person in the same period, as well as the benefits and subsidies stipulated by the state and the city, it shall be calculated according to the standard of the salary of the dismissed personnel in the same period, the salary scale and the sum of the benefits and subsidies stipulated by the state and the city.
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First of all, after the establishment is abolished, the original unit will give you a one-time maintenance subsidy. The amount of the subsidy is as follows: The number of years of service of the basic capital organs and institutions (military) that were calculated and paid in accordance with state regulations before the transformation into an enterprise or restructuring.
In other words, you can still get compensation after the abolition. There is also the issue of pension. After all, part of the reason why public institutions are called iron rice bowls is that they have security for their maintenance.
With regard to the issue of insurance for public institutions after the reform, the draft opinion stipulates that the insurance for retired employees shall be carried out in accordance with the original insurance procedures. In addition, the standard of remuneration for the internal retirees of public institutions during the period of internal retirement shall be approved in accordance with the relevant national and provincial policies and regulations, and the required expenses shall be borne by the units after the restructuring. When an internal retiree reaches the statutory normal retirement age, he or she shall continue to retire in accordance with the regulations, and his retirement benefits shall not be re-examined.
It is imperative for public institutions to be reformed, and the staff members in the establishment must be prepared in advance. After all, the establishment of the business was changed to a contract. If you don't do it well, you will be a suspect.
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Summary. Dear, glad to answer for you! <>
There is compensation for the cancellation of the business establishment. For the abolition of the establishment of public institutions, change to sign a labor contract management, will receive a one-time pension subsidy, the retirement salary and treatment of the retired personnel during the period of internal retirement, in accordance with the national and provincial policies and regulations, by the transformed unit continues to be responsible, because the reform lost work compensation, it is recommended to meet the timely receipt of the <>
Is there any compensation for the cancellation of the business establishment?
Does the abolition of business establishment affect indefinite-term contracts?
Dear, glad to answer for you! <>
There is compensation for the establishment of the property rental and consumption business. Employees who have abolished the system of establishment and defeat of public institutions and signed labor contracts for management will receive a one-time pension subsidy, and the retirement wages and benefits of the retired personnel during the period of internal retirement shall continue to be responsible for the units after the transformation in accordance with the provisions of the state and provincial political inspection policies, because there is compensation for the loss of work due to the reform, and it is recommended to meet the <> of receiving it in time
Dear, if the cancellation of the establishment of the business has no impact on the indefinite term contract, as long as it does not seriously violate the rules and regulations of the unit, it will be dismissed, and the treatment will remain unchanged, even if it is reformed, the protection is still cautious and <>knowing
After the reform, is it possible to convert an indefinite-term contract?
After the reform, can I retire without a fixed-term contract?
Kiss, fixed-term contract is a contract for non-staff, not equal to the <> that can be regularized
Dear, you can retire without a fixed-term contract, and you can <> when you reach the statutory retirement age
Will this reform adopt the old methods of the old people and the new methods of the new people?
The implementation of the reform of the system of public institutions will adopt the old methods <>of the elderly, the new system for the new people, and the gradual transition of the Chinese people
The old way for the old, the new system for the new people, and the gradual transition of the Chinese people began?
Kiss, oh <> started in 2014
Dear, are you making it up<>
That 2014 is considered an old man, a newcomer, or a transition between middle-aged people.
When did you join the work<>
Qinqin, Chinese, mainly refers to the <> who participated in the work in September 2014 and before
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Summary. Hello, dear, there is also compensation for the dismissal of personnel in public institutions; However, if it is a worker who violates the provisions of the law, he will not be compensated.
Hello, dear, there is also compensation for the dismissal of personnel in public institutions; However, if it is a worker who violates the provisions of the law, he will not be compensated.
Legal basis: Article 43 of the Law of the People's Republic of China on the Number of Labor Contract Segments An employer shall notify the labor union of the reasons for unilateral termination of a labor contract. If an employer violates the provisions of laws, administrative regulations, or 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 47 Economic compensation: The worker shall be paid one month's salary for each full year of service in the unit.
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.
I didn't work well before, and the unit didn't pay me the rest of my salary for a year, and then I didn't pay my salary for more than a year in the detention center because I violated the law and ruined the law.
Dear, this is okay.
So how do I go about it, or go to that department to apply?
Dear, according to your situation, you can go to the local human resources and social security bureau.
But it's been a bit long, more than 10 years, is it okay.
Dear, this is okay.
I used to work in a public institution, and I also applied for the two departments you just told me.
Dear, yes.
Establishment means a legal and reasonable status, there is a establishment is not and will not be great, but the basic rights and interests can be guaranteed, the leadership does not dare to oppress, and the relationship between colleagues is relatively harmonious. However, without establishment, leaders and colleagues, intentionally or unintentionally, openly and covertly look down on it, and even discriminate, which is not something that can be restrained by law and morality.
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