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There should be financial compensation.
If an employer lays off employees in accordance with Article 41 of the Labor Contract Law, the employer shall pay economic compensation to the employee in accordance with Paragraph 4 of Article 46 of the Labor Contract Law.
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.
Labor Contract Law
Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:
1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;
2) Serious difficulties occur in production and operation;
3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;
4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
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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There is an opportunity to receive compensation in accordance with the law.
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Introduction: Sometimes an enterprise will lay off employees if its economic benefits are not very good, so does the company need to compensate employees when it wants to lay off employees?
When an enterprise lays off employees, whether it is an intern or a regular employee, it needs to compensate the employee。Because when interns enter the company for internships, they actually sign labor contracts. Moreover, this compensation is determined according to the number of years the employee has been in the company, and the longer the employee has been in the company, the higher the amount of compensation.
In the highest case, you can get compensation for 12 months' average salary, but the shorter the stay, the lower the amount of compensation. However, even interns should be compensated, and in addition to the compensation, they should also have the normal salary that should be paid. In this case, the rights and interests of employees can be protected.
But in reality, if the entire industry is sluggish, and then there are many companies that make a lot of layoffs, many people will find that they have not received the compensation they deserve. For example, there are a lot of interns in the education industry, and most of them are new students, so they don't know a lot about the law. After being dismissed, you can only think that you are unlucky, or that you are not able to work enough.
In fact, they don't know that they can get compensation, even if there are some people who know that they can be compensation, but there is no way in this process, from the company to get compensation, even if they ask for help, it will not help.
In fact, it is recommended to assess the company's qualifications before entering the company, and be vigilant against those emerging companies or companies with many recruiters. Because they may be expanding blindly, and the possibility of layoffs in the end is very high. Because if there are more employees to recruit, layoffs are not a normal phenomenon.
Therefore, if you want to continue to develop in an industry, you still have to find a good company.
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Yes, companies must compensate employees when they lay off employees, and it is a violation of labor laws if they do not compensate.
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Employees should be compensated, because employees are passive resignations, so at this time employees can also take the initiative to claim compensation from the company.
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Yes, and it is also necessary to give corresponding subsidies to employees, and at the same time, they should also compensate for the moral losses of the other party, which should be compensated in accordance with the relevant national standards.
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According to the Labor Law, you shall be paid compensation based on one month's salary for one year of service, up to a maximum of 24 months.
That is to say, if you work in this company for two years, you will be paid 2 months' salary, and so on, if you have worked in this company for 30 years, you will only be compensated for 24 months' salary.
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If the redundancy is in accordance with the legal procedures and you also agree, the company shall pay you financial compensation for each month's salary.
If the company lays off employees without going through the legal procedures, it is suspected of illegally terminating the labor contract, and shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law, that is, 3 months' salary.
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According to the labor law. Then the company will pay according to what money you pay, such as insurance, medical insurance, etc.
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Summary. Hello! For this case, the employee can claim compensation in the following ways:
1.Check the contract: Check your employment contract and company rules and regulations to see if there are any terms and conditions related to layoffs, and verify that the company has legally implemented them.
3.Reasonable demand for compensation: Negotiate with the company or take legal means to reasonably require the company to give corresponding economic compensation or other reasonable compensation.
It should be noted that employees should comply with relevant legal procedures and regulations when claiming compensation, and at the same time, they also need to weigh the pros and cons to avoid unnecessary losses and conflicts.
An employee has been working for the company for 3 years and is now being laid off in disguise, how can the employee claim compensation in this situation?
Hello! For this case, the employee can claim compensation in the following ways:1
Check the contract: Check your employment contract and company rules and regulations to see if there are any terms and conditions related to layoffs, and verify that the company has legally implemented them. 2.
Reasonable demand for compensation including quick compensation: Negotiate with the company or take legal means to ask the company to give corresponding economic compensation or other reasonable compensation. It should be noted that employees should comply with relevant legal procedures and regulations when claiming compensation, and at the same time, they also need to weigh the pros and cons to avoid unnecessary losses and conflicts.
Employees who have been laid off in disguised form generally need to face problems such as unemployment and economic losses, so it is reasonable to reasonably demand compensation. However, when claiming compensation, the following points need to be noted:1
Do not violate laws and regulations: When asking for compensation, employees should not take illegal measures or violate the company's rules and regulations, and should abide by relevant laws and regulations and internal systems of the company. 2.
Don't go your own way: Employees should communicate and negotiate with the company in a timely manner when they encounter problems to avoid escalating conflicts and damaging the relationship between the two parties, and seek third-party coordination if necessary. 3.
Weigh the pros and cons: Employees need to weigh the pros and cons when claiming compensation, considering the impact of time, cost, etc., to avoid unnecessary losses and conflicts. <>
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According to Article 47 of the current Labor Law, 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 paid half a month's salary. >>>More
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During the period when the employer is on the verge of bankruptcy and suspension of business for rectification or when serious difficulties occur in production and operation, the employer shall explain the situation to the labor union or all employees 30 days in advance and report to the local labor administrative department before laying off employees.
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. >>>More