How to compensate employees for the dissolution of the company, and how to compensate for the termin

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, commonly known as 2n; 2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

You can refer to the Labor Contract Law

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

Article 46 Under 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 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;

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

Legal Analysis: Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the compensation method is different according to the reason for termination. 1. If the two parties agree to terminate the contract through consultation, the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit.

If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable. 2. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards.

Legal basis: Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) the employee is proved to be ineligible for employment during the probationary period, 2) the employee seriously violates the rules and regulations of the employer, 3) the employee is seriously derelict in his duties, commits fraud for personal gain, and causes major damage to the employer, 4) the employee 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 is proposed by the employer. 5) Those who refuse to make corrections are invalidated due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, and 6) are investigated for criminal responsibility in accordance with law.

Legal Analysis: Employees who are dismissed by a company can receive severance payments. Severance is a one-time economic subsidy paid by the employer to the employee in accordance with the law after the termination or termination of the labor contract.

When the employer terminates the labor contract with the employee, it shall pay a certain amount of severance in a lump sum according to a certain standard.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

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 stool 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 raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term branch travel restriction 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 Paragraphs 4 and 5 of Article 44 of this Law;

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