Is the company s dismissal compensation the basic salary compensation according to the contract?

If an employer dismisses an employee, the employee's salary shall be calculated according to the average salary actually paid by the employee in the 12 months prior to the termination or termination 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. 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.

Legal analysisIf the employee is dismissed, only the basic salary will be compensated, and the compensation standard for unilateral termination of the labor contract by the company is one month's salary for each full year according to the employee's years of service in the unit, and if it is less than one year, it will also be calculated as one year, but if the labor contract is unilaterally terminated by the company within six months, the compensation standard is to pay the employee half a month's salary, and the maximum amount of compensation will not exceed 12 years. Specific compensation standards for termination of labor contract: 1. Economic compensation shall be paid to the employee according to the standard of one month's salary for every full year of the employee's service in the employer.

if it is more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation. 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 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 number of years for which the economic compensation shall be paid shall not exceed 12 years. 3. The term "monthly wage" refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract.

It is calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary receipts such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

Legal basisLabor Contract Law of the People's Republic of China Article 47 Economic compensation 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.

Severance compensation is not just compensation for basic salary. If the employer dismisses the employee in violation of the law, it is required to pay double the severance payment. The severance is determined according to the number of years of service of the worker, and one month's salary is paid for each year of service; If the bridge is over six months but less than one year, it will be counted as one year; If it is less than six months, half a month's salary shall be paid.

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 provided for in Article 47 of this Law.

Article 48.

If the employer dissolves or terminates the labor contract in violation of these regulations, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Two days ago, he was expelled for remembering his father, which became the hottest topic on the Internet. The reason for this was that the employee had left the company without the consent of his superiors. However, instead of admitting defeat, the employee filed a claim and was finally compensated with 75,000 yuan.

Normally, we don't do that. Generally speaking, employees are weak people who have been fired by the company. Sometimes they don't even get paid.

The employee had to receive not only his salary, but also a large amount of compensation. It's so jealous.

First, let's talk about the reason for the expulsion. A friend said that the above situation was due to the employee's unauthorized departure, which violated the company's rules and regulations, and did not belong to unwarranted dismissal. However, what I want to say now is that there is no reason for expulsion.

We are a country governed by the rule of law, and everything must be done according to the law. Before the law, the employee is the same as the company. Therefore, the company's rules and regulations should be formulated in accordance with laws and regulations.

Therefore, we cannot say that an employee can be dismissed at will if he or she does not comply with the company's rules and regulations.

I'm a lawyer, and I want to make it clear to you that there's a world of difference between a film and real life. If an employee files a resignation request, the employee voluntarily requests resignation and the company does not have to compensate him/her in any way. In fact, if the company wants to fire a person, don't give him a letter of resignation.

If the above employee is to resign, then these 75,000 are none. So even if the company asks you to do those things, or asks you to do it without guessing, you won't pay, you won't do it. Companies usually have legal counsel who surely understand that compensation is much higher than salary.

Look at how many years you've been in the company. According to the Act, financial compensation is paid monthly over a period of one year; After 10 years of employment with the company, the company will pay an additional 10 months' salary; If it is less than one year in six months, the company will pay an additional month's salary; For less than six months, an additional two weeks will be paid. The company fired a person and compensated twice, that is, two months' salary.

If a person's salary is five thousand dollars and they have worked for four years, if you are fired, the company will give you forty thousand dollars.

However, if the company's dismissal violates Article 43 of the Labor Contract Law on the collapse of the Hongxiang Labor Union, it constitutes illegal dismissal and must be paid compensation in accordance with Article 87, which is twice the amount of the economic compensation.

It is calculated based on the number of hours you have worked in the company. The company generally needs to compensate you for the wages you worked for the hours you worked, plus one month's salary.

If the employer terminates the labor relationship in violation of the law, the employee may demand compensation; If the reason for the termination of the employment relationship by the employer is in line with the provisions of the Labor Contract Law, it is not required to pay severance or compensation.

Article 46 of the Labor Contract Law stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract of the relative faction in accordance with the provisions of Article 38 of this Law; (2) Where the employer submits to the worker to terminate the labor contract in accordance with the provisions of Article 36 of this Law, and terminates the labor contract through consultation with the worker; (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 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.

Legal analysis: The monthly salary of the compensation for the dismissal of the employee by the unit includes the basic salary. If an employer dismisses an employee without justifiable reasons, it is deemed to have terminated the labor contract in violation of the law, and the employer shall pay compensation to the employee at twice the standard of economic compensation, that is, the employee shall be paid two months' salary for each full year of service in the employer.

If the employee is more than six months but less than one year, the employee shall be compensated with one month's salary if the six months are calculated as one year.

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

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 39 The employer may terminate the labor contract if a worker is reformed under any of the following circumstances:

1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, commits fraud for personal gain, and causes major damage to the employer's investigation, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, 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, and (6) the labor contract is investigated for criminal responsibility in accordance with law.

Article 40 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:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.