If the company discourages employees to retire, does it have to pay employees double wages?

Updated on society 2024-03-20
29 answers
  1. Anonymous users2024-02-07

    It depends. If an employee is not suitable for the position you want to recruit during the probationary period, you can be persuaded to quit without paying the employee double salary. If he has signed a labor contract to persuade him to retire, then he needs to pay an additional month's salary and pay him economic compensation (that is, for every year of continuous contract service, he will be paid 1 month's salary for the average monthly salary of the previous year, 2 months' salary for 2 years, half a month's salary for half a year (1-6 months), 1 month's salary for more than half a year (7-12 months), and so on!).

    I don't know what I'm saying, can you understand?

  2. Anonymous users2024-02-06

    Persuasion is to persuade the employee to negotiate with the company to terminate, and the final result is that the two parties agree to terminate the term, not unilaterally, then the company as long as the compensation is paid in accordance with the law is not illegal.

    If the company directly dismisses the employee without a legitimate reason, it constitutes illegal dismissal, and the employee can claim double compensation.

    The key to whether an employee can claim double compensation is whether the termination of the employer is illegal.

  3. Anonymous users2024-02-05

    Dissuasion has nothing to do with double wages, not everything can be doubled.

  4. Anonymous users2024-02-04

    Look at the company, you can give it if you want to, and you can't help it if you don't want to give it.

  5. Anonymous users2024-02-03

    According to Article 87 of the Labor Contract Law, "if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law." ”

    In accordance with the provisions of Articles 10 and 82 of the Labor Contract Law, a written labor contract shall be concluded to establish an employment relationship. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. The double wages paid by the employer to the employee are based on the legal consequences arising from the employer's failure to sign a written labor contract with the employee in accordance with the provisions of the Labor Contract Law, and is not the consideration for the labor provided by the employee.

    According to Article 40 of the Labor Contract Law, "under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

    1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

    2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

    3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation".

    Check whether you have signed an employment contract with your employer to judge.

  6. Anonymous users2024-02-02

    After an employee is persuaded to retire by the company, he or she is generally required to pay compensation. However, the premise is that the employee needs to become a regular employee of the company, and only if the company discourages him or her to quit in this case, he can receive compensation. And the compensation will be in accordance with the labor law of our country.

    One. What is an employee?

    Employees are people who work for their bosses in factories or companies. For example, if a person works in a factory and calculates his salary according to the hours he or she worked every day, then such a person is called an employee. And different employee positions will have different salary packages.

    And the work that employees do in different companies is also different. In simple terms, it is a group of people who are looking for a job, and if they find a job, they will be referred to as employees. However, when most people are looking for a job, they will choose a position that suits them and has a relatively satisfactory salary.

    Two. What is Dissuasion?

    Persuasion refers to the resignation of an employee who works at the post through verbal persuasion. For example, if an employee works in the company and has become a regular employee, and does his job well every day, and suddenly one day the leader finds the employee and persuades the employee to resign, then this situation is called persuasion to retire. However, for regular employees, there is compensation for being dissuaded by the company.

    However, in order to obtain compensation, you need to go through the formal process or negotiate with the company. Only in this way can you get the relative compensation, but the amount of the compensation will also be paid according to the actual situation. <

    Three. What Wu Huai is indemnity?

    Compensation refers to the money that one party needs to pay to the other party in the event of a conflict between the two parties or the economic loss caused by KaikaiMoney. For example, if one party causes the other party to be injured due to a traffic accident, then the injured party does not have any responsibility, and the other party can receive compensation from the other party, and the amount can be measured according to their own injuries, and the other party also needs to pay a monetary price for their actions.

  7. Anonymous users2024-02-01

    Then it is definitely necessary to pay compensation with the supporter, because the company cannot dismiss the employee casually, and the dismissal of the employee in accordance with the law is not due to the employee's violation of the company's reasonable rules and regulations.

  8. Anonymous users2024-01-31

    Compensation needs to be paid because this is not an employee who voluntarily leaves the company, but is fired from the company.

  9. Anonymous users2024-01-30

    Yes, the company is terminating the employee by doing so, and it is paying compensation to the employee.

  10. Anonymous users2024-01-29

    Yes, the company is terminating the employee and must pay compensation to the employee.

  11. Anonymous users2024-01-28

    The company's compensation standard for dismissed employees is generally double the severance as compensation.

    The compensation here only refers to the situation where the company illegally terminates the employment 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.

    Legal basis] Article 47 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.

    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.

  12. Anonymous users2024-01-27

    No. If an employee is dismissed without cause, the employee can apply for labor arbitration, and if he or she applies for economic compensation, he or she should be compensated for one month's salary for one year, and there is no compensation for double wages.

  13. Anonymous users2024-01-26

    According to China's labor law, if the company dismisses an employee without reason, the employee can ask for double wages, and if the company does not pay, he can report to the labor bureau.

  14. Anonymous users2024-01-25

    If an employee is dismissed without cause, the employee can claim compensation for double wages, which is a reasonable request and will be supported by the law.

  15. Anonymous users2024-01-24

    If you dismiss an employee, you don't need a reason, you don't have to violate the labor law, you can claim compensation, but there is no double compensation.

  16. Anonymous users2024-01-23

    If the employee is dismissed without cause, then the employee needs to be compensated, and the specific amount needs to be negotiated, and if the negotiation fails, the complaint to the labor inspection department can also be resolved through the court.

  17. Anonymous users2024-01-22

    Yes, if an employee is dismissed without cause, according to the provisions of China's labor law, the specific amount depends on the specific circumstances, such as your working hours and contracts.

  18. Anonymous users2024-01-21

    However, the dismissal of the employee is Kexin's request to pay double wages, because after all, this is the company's problem, and he needs to pay compensation, so that the employee can be dismissed.

  19. Anonymous users2024-01-20

    If I dismiss an employee without cause, you have to sign a contract. Ask him for triple wages.

  20. Anonymous users2024-01-19

    If there is a labor contract for the dismissed employee, the employee can request the company to compensate according to the scope of the contract compensation.

  21. Anonymous users2024-01-18

    Hello, I'm glad to answer this question for you, so your question is that the company innocently dismissed the employee, so can the employee ask for double wages? So I personally think that this labor law has regulations, the company innocently dismisses the employee, then the employee in this company, if he has been in this company for one year, then he has to compensate one month's salary, then for five years, he has to compensate for five months' salary.

  22. Anonymous users2024-01-17

    If you want unemployment benefits, you can get tens of thousands. Including medical insurance pension insurance. There is also unemployment benefit, which is subsidized for several months.

  23. Anonymous users2024-01-16

    Your question is to say that if you fire an employee, can an employee ask for double wages? In this case, of course, you can ask for double wages, because the contract law stipulates that as long as the employer dismisses you without reason during the contract period, then you ask the employer to compensate you for double economic losses, but in this case, you can only apply for labor arbitration.

  24. Anonymous users2024-01-15

    If an employee is dismissed without cause, can the employee claim double pay? I think that if there is no reason for the dismissal of the employee, the employee can make some compensation from the company. I think he's going to make reparations for you.

  25. Anonymous users2024-01-14

    If an employee is dismissed without cause, can the employee claim double pay? Employees can ask for double pay, but it's another thing if the boss doesn't.

  26. Anonymous users2024-01-13

    Yes, compensation must be claimed.

  27. Anonymous users2024-01-12

    Labor arbitration may be requested.

  28. Anonymous users2024-01-11

    Does the company need to pay compensation after an employee is persuaded to quit by the company?

    Hello, after the employee is persuaded to retire by the company, the company needs to pay compensation, etc. Unless the employee voluntarily leaves the company. Under normal circumstances, if the company wants to dissuade the employee, the employee can legally terminate the labor relationship after negotiation with the company, and can get compensation through negotiation, and if the company illegally terminates the labor relationship, the employee will also have economic compensation.

    Standard of severance for termination of labor contract1: The severance payment for the termination of the labor contract shall be paid by the employer in a lump sum. 2. If the employer deducts or arrears the wages of the employee without reason, or refuses to pay the wages and remuneration of the employee for extended working hours, in addition to paying the wages and remuneration of the employee in full within the time specified by Yuansong, it shall also pay an additional economic compensation equivalent to 25% of the wage remuneration. 3. If the wages and remuneration paid by the employer to the employee are lower than the local minimum wage, the employer shall pay an economic compensation equivalent to 25% of the lower part while making up the part that is lower than the standard.

    4. If the labor contract is terminated by the employer upon consultation between the labor union and the parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's years of service in the employer, up to a maximum of 12 months. If the working time is less than one year, severance shall be paid at the rate of one year. The materials required for labor arbitration are:

    1. Application. The application shall be submitted in triplicate, two copies shall be submitted to the arbitration commission, and one copy shall be retained by the applicant. In addition to the basic information of the employee, the application form should also have a clear and specific reason for application.

    2. Proof of identity. If the applicant is a worker, he or she should bring his identity certificate and submit a copy, and if there is a principal, he should also submit a copy of the business license of the unit such as the power of attorney and the identity certificate of the principal, and submit a copy, as well as the identity certificate of the legal representative of the unit, the power of attorney, and the identity certificate of the entrusting person. 3. Proof of labor relationship.

    For example, labor contract, certificate of dissolution or termination of labor contract, proof of salary payment, proof of social insurance payment, work permit, pass and other materials and corresponding copies 4, the identity certificate of the respondent. When the claimant applies for labor arbitration, if the arbitration commission requires the claimant to submit relevant materials that can prove the identity of the respondent according to the needs of case filing and review, the application 5. Confirmation of service address. Specify the detailed address, postal code and contact information** of the arbitration documents to be received.

    Legal basis] Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes: This Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

  29. Anonymous users2024-01-10

    There are three types of unilateral termination of labor contracts by employers:

    1. If the employee is at fault, the employer shall terminate the labor contract at any time. The fault must have a sufficient factual basis and institutional basis, and if the evidence is insufficient, it will be illegal dismissal.

    2. The employer shall notify the employee in writing 30 days in advance before terminating the labor contract.

    a. The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in the original job or the work arranged by the employer;

    b. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

    c. There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation. If the employer terminates the labor contract based on the above circumstances, it shall pay severance to the employee.

    3. Economic layoffs.

    a. The period when the employer is on the verge of bankruptcy and undergoes statutory rectification;

    b. Serious difficulties occur in production and operation. If the employer terminates the labor contract based on the above circumstances, it shall pay severance to the employee.

    Article 47 of the Labor Contract Law of the People's Republic of China stipulates that after the dissolution or termination of a labor contract, the employer shall pay the employee economic compensation according to the number of years of service of the employee 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, economic compensation of half a month's salary shall be paid. About severance compensation:

    1. In the case of self-resignation, if the employer has the following "11 circumstances in which the employer shall pay severance when the employee terminates the labor contract", it needs to pay severance payment, otherwise it does not need to pay it.

    2. If the employer is dismissed, it is required to pay the severance if the employer dissolves or terminates the labor contract and shall pay severance to the employee, otherwise it does not need to pay severance payment. If the employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law, it is not required to pay compensation, and if the labor contract is terminated in accordance with Article 40 of the Labor Contract Law, it is not required to pay compensation with 30 days' notice, and if there is no advance notice, the compensation of one month's salary shall be paid as a payment in lieu of payment. If the employer violates the provisions of the Labor Contract Law and unilaterally terminates the labor contract without reason without fault on the part of the employee, it shall compensate twice the amount of economic compensation.

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