Advice on individual wage claims under the new labor law

I was wrong! I'm sorry.

According to Article 47 of the Labor Contract Law of the People's Republic of China, 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.

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.

Specific question: If you resign, there is no compensation. You get the salary normally. If the company does not insure you, you can ask for a supplementary insurance. If the employer does not make up for it, you can go to the local labor bureau for a reaction or arbitration.

The so-called dismissal refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee due to serious violations of discipline or other reasons. In the following cases, the employer shall pay compensation according to the following standards under the following circumstances of terminating the labor contract in accordance with the law:

1.If the parties to the labor contract reach a consensus through consultation, the employer shall pay the equivalent of one month's salary for each full year of service according to the number of years of service, and if the working years are more than 6 months but less than one year, it shall be paid according to the standard of one year, and if the working years are less than 6 months, it shall be counted as half a year, and if the working years exceed 12 years, it shall be calculated as 12 years.

2.If a worker is sick or injured not due to work, and after the expiration of the medical treatment period, he or she is unable to perform the original job or work arranged by the employer, he or she shall be paid a salary equivalent to one month for each full year according to the number of years of service, and if it is less than one year, it shall be paid according to the standard of one year.

3.The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment.

According to the number of years of service, the equivalent of one month's salary is paid for each full year, and the standard of one year for less than one year, not exceeding 12 months.

4.If there is a major change in the objective circumstances stipulated at the time of the conclusion of the labor contract, which makes it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through negotiation, the equivalent of one month's salary shall be paid according to the number of years of service, and the standard of one year shall be paid if it is less than one year.

5.In the case of economic layoffs, the equivalent of one month's salary shall be paid for each full year of service, and the standard of one year shall be paid for less than one year, and so on.

Article 47 of the Labor Contract Law of the People's Republic of China.

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 it is more than six months but less than one year, and less than six months on the basis of one year, 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.

The specific markings are as follows: 1. If the party concerned has a fixed income, the income certificate and salary table issued by the unit shall prevail. The bonus is calculated based on the average bonus of the unit before the accident occurred and the year.

If the bonus tax threshold is exceeded, the threshold shall be limited. 67 2. If the party concerned has no fixed income, it shall be calculated according to the average annual wage of the employees in the previous year at the place where the accident occurred. Article 1179 of the Civil Code Whoever infringes upon another person and causes personal injury shall be compensated for the reasonable expenses incurred for ** and **, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies, as well as the loss of income due to lost work.

If the disability is caused, compensation shall also be made for the cost of assistive devices and disability compensation; If the death is caused, funeral expenses and death compensation shall also be compensated.

Article 39 of the Social Insurance Law of the People's Republic of China The following expenses incurred as a result of work-related injuries shall be paid by the employer in accordance with the provisions of the State: (1) Wages and benefits during the work-related injury; 2) Disability allowance received by employees with grade 5 and 6 disabilities on a monthly basis; 3) A one-time disability employment subsidy that shall be enjoyed when the labor contract is terminated or dissolved.