What compensation should employees receive if they are fired by the company?

If an employer terminates a labor contract without cause, it is an illegal termination of the labor contract, and the employer shall pay economic compensation, which shall be based on the employee's years of service in the employer and two months' salary for each year.

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer and the rate 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.

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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

If you are dismissed by the company, whether you should be compensated or not, there are several situations:

1. If it is proved that the probationary period does not meet the employment conditions or is incompetent for the job, the employer does not need to pay economic compensation;

2. If the employee seriously violates the rules and regulations of the employer and causes heavy losses to the employer, the employer is not required to pay economic compensation;

3. In addition to the above-mentioned items, if the employer terminates the labor contract in accordance with the law, it shall pay the employee one month's salary according to the full year of service in the employer;

4. If the employer terminates the labor contract in violation of the provisions of the Labor Contract Law, it shall pay double compensation.

Depending on the way and reason for the company to dismiss the employee, there may not be a severance payment.

The compensation standard for illegal dismissal of employees by the company is that the economic compensation is based on the employee's work in the unit.

One month's salary shall be paid to the worker for each full year of service, and if it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, half shall be paid to the worker.

The monthly wage refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract. If it is because of laborers.

If the company legally dismisses the employee, it is not necessary to pay economic compensation.

1. The company's economic compensation standard for dismissed employees:

1. Economic compensation shall be paid to the worker according to the number of years of the worker's work in the unit, 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 shall be counted as one year.

Compute; If it is less than six months, the worker shall be paid half a month's salary.

2. 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 economy shall be paid to him.

The standard of compensation shall be three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid shall not exceed 12 years.

3. Monthly wage refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract.

2. The company does not need to pay economic compensation for the dismissal of employees:

If the employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law, it is not required to pay severance compensation

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 conditions;

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 worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The number of calls for the invalidity of the labor contract due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law:

Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions;

6. Being pursued for criminal responsibility in accordance with 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. If the cherry blossom is more than six months old and less than one year, it will be counted as one year. If it is less than six months, the worker shall be paid half a month's salary.

The monthly wage refers to the average salary of the employee in the 12 months before the termination of the labor contract. If the labor contract is terminated in violation of the law, compensation shall be paid to the worker at twice the rate of economic compensation.

When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal. Specify:

First, if an employee is dismissed without cause, the employer needs to pay double the economic compensation.

Second, if an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation.

Third, the unit needs to pay economic compensation for the economic layoffs and dismissal of employees.

Fourth, if the employee seriously violates the company's discipline, the employer does not need to pay compensation.

Fifth, if the employer dismisses the employee during the probationary period because he does not meet the employment conditions, the employer does not need to pay economic compensation.

2. The relevant legal basis is clear

Article 46 of the Labor Contract Law: Under any of the following circumstances, the employer 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.

Generally speaking, when an enterprise dismisses an employee, the compensation that needs to be given is economic compensation or compensation, and the calculation of compensation is twice that of economic compensation. According to the requirements of the Labor Contract Law, the severance can only be determined according to the employee's years of service in the company.

Legal analysis: 1. Economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit and the standard of one month's salary for each full year 2. If it is an illegal dismissal, the compensation shall be paid to the worker according to twice the standard of economic compensation 3. It is a negligent dismissal and does not need compensation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China Article 46 In any of the following circumstances, the employer 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) Termination of the labor contract in accordance with the provisions of Paragraph 4 and Paragraph 5 of Article 44 of this Law;

7) Circumstances provided for by laws and administrative laws as provided for in the general regulations.

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