How to compensate employees dismissed by foreign funded enterprises

You have established a de facto employment relationship with the company, and although you have not signed an employment contract, the company still has to compensate you.

According to Article 2, Paragraph 1 of the Measures for Compensation for Violations of the Labor Law of the People's Republic of China on Labor Contracts promulgated by the Ministry of Labor, "if an employer deliberately delays the conclusion of a labor contract, i.e., deliberately fails to conclude a labor contract in accordance with the provisions after recruitment, and deliberately fails to renew the labor contract in a timely manner after the expiration of the labor contract", if the employee is injured or not, the employee shall be compensated for the loss.

For losses, the company shall not only pay compensation in accordance with the provisions of Article 3 (1) of the Measures: "If the loss of the employee's wages is caused, the employee shall be paid according to the wages due to the employee, and 25% of the compensation shall be paid to the employee".

He is reasonable and should not pay liquidated damages under the Labor Contract Law. Applicable labor laws and regulations of our country; The compensation agreed in the contract is higher than the validity stipulated by the law, and the lower is invalid than the law; One month's salary shall be paid for each full year of working age in accordance with the law.

Liquidated damages should not be paid according to the Labor Contract Law.

If the enterprise proposes to terminate the labor relationship with the original factory employees:

First of all, it depends on whether the nature of your enterprise is state-owned, collective, or private, foreign-funded, if it is state-owned and collective, it is not so easy to say that it will be moved, and if it is said to be dismissed, the enterprise leaders must obtain the consent of the relevant departments at the higher level before they can relocate and terminate labor relations with employees.

If it is private and foreign-funded, then the enterprise has relatively greater autonomy, and it can move if it wants to, and it will go and go, and the leader will count what he says. If the employer wants to dismiss you, it must be handled in accordance with the terms of the original labor contract regarding breach of contract. Enterprises should also pay compensation to employees.

However, if you are not satisfied with the resettlement compensation, it is recommended that you have a face-to-face conversation with the upper management of the company in the name of the union. We don't want to talk to individual people, because we have also encountered such things, and individual negotiations have little effect.

Compensation for three months' salary!

The compensation standards for dismissed employees of foreign enterprises are as follows:

1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

2. If it is more than six months but less than one year, it will be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation;

3. 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 compensation shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of economic compensation shall not exceed 12 years.

What is the standard of compensation for unpaid wages:

1. If the employer deducts or arrears the wages of the workers without reason, in addition to paying the wages and remuneration of the workers in full within the prescribed time, economic compensation, and may be ordered to pay compensation by the administrative department of labor rotation;

2. The employer shall be ordered by the labor administrative department to pay labor remuneration, overtime pay or economic compensation for dissolving or terminating the labor contract within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable;

3. The employer shall, in accordance with the provisions of the labor contract and the provisions of the state, pay the labor remuneration to the employee in full and in a timely manner. Where an employer is in arrears or fails to pay labor remuneration in full, the people's court shall issue a payment order in accordance with law.

[Legal basis].Article 39 of the Labor Contract Law of the People's Republic of China.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The employee Yin Hongxin establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Compensation is required for dismissal of external staff.

If an employer dismisses an employee without cause, it shall pay compensation to the employee at the rate of two months' wages for each year of employment. 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 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract. An indefinite-term employment contract refers to an employment contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation.

Legal basis] Labor Contract Law of the People's Republic of China

Article 40 In any of the following circumstances, the employer shall pay economic compensation to the worker:

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 labor verification party 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 Paragraph 4 and Paragraph 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

The compensation standard for dismissed employees of foreign enterprises is based on the number of years of service in the employer, and one month's salary is paid for each full year. If it is more than six months but less than one year, it will be calculated as one year, and if it is less than six months, it will be calculated as half a year. If the employee's salary is three times higher than the employer's average monthly wage in the previous year, the employee's average monthly wage shall be three times the average monthly wage payable to the employee.

Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee for some reason. According to the different reasons, it can be divided into disciplinary dismissal and normal dismissal. Dismissal for violation of discipline refers to an administrative measure taken by an employer to forcibly terminate the labor relationship in accordance with the law against an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not reached the level of dismissal or removal.

Normal dismissal refers to a measure taken by an employer to terminate the labor relationship with an employee in accordance with the production and operation conditions and the situation of the employees, and in accordance with the national and local policies and regulations on changing the operating mechanism of the enterprise and resettling redundant personnel in the course of reform.

Be fair before dismissal. There are generally two reasons for dismissal: one is the company's reasons, such as large-scale layoffs, organizational adjustments, etc., and the other is personal reasons, such as incompetent work, endangering the company's interests, etc.

The reason for the company should be explained to the employee, and the employee should be welcomed back to the company in the future. Dismissals for personal reasons should be comprehensively evaluated, and personal vendetta should not be heard, let alone publicly announced.

Employees who have contributed to the company should try their best to find other suitable positions within the company, or recommend them to work in other companies. Whether the dismissal is fair or not will affect the motivation of the current employees. Firing people with strong work ability and good character will keep the morale of employees from the bottom for a long time.

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 worker:

1) Labor patience and such a person 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 Article 36 of the Law and agrees to terminate 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.