The issue of compensation for the resignation of foreign funded enterprises, and how to compensate t

As long as you terminate the labor contract in accordance with the law, you do not need to pay compensation.

Legal analysis: If a foreign-funded enterprise wants to withdraw its capital, it should pay compensation to the employee, and the compensation needs to be determined according to the time the employee has worked in the company, and the longer the work, the amount of compensation will be relatively more.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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 compensated with 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.

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 city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years.

The above is the compensation standard for layoffs of foreign high-ranking enterprises.

If the employee voluntarily resigns, the company is not required to make any compensation. If the employee of a foreign company is terminated by the company, he or she will be compensated. Severance is paid according to the number of years of service, and an additional month's salary is paid for each full year.

Labor Contract Law of the People's Republic of China

Article 46.

In any of the following circumstances, the employing unit shall pay economic compensation to the worker:

1) The labor contract is terminated 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.

Hello, it is a pleasure to serve you and make the following answers for you: 1First, determine if you are eligible for compensation.

Generally speaking, employees who leave a foreign company are eligible for compensation, but it depends on the specific situation. 2.Secondly, it is necessary to be familiar with the laws and regulations on compensation for resignation of foreign companies, and understand their rights and obligations, so as to be profitable when negotiating for burial.

3.Third, we should negotiate with foreign companies, try to let them meet their own requirements, and if foreign companies do not agree, they can try to put forward higher requirements, but be careful not to go too far. 4.

Finally, the negotiation process should be documented so that evidence can be presented in the event of a dispute. In short, the skills of receiving compensation for resignation of foreign companies are: determining whether they are eligible for compensation, familiarizing themselves with the laws and regulations of compensation for resignation of foreign companies, negotiating with foreign companies, and documenting the negotiation process.