The company is closed, how do I get compensation?

How to compensate employees after the company closes the store depends on the specific situation

1. If the two parties terminate the labor relationship after the company withdraws the cabinet, the company shall pay economic compensation to the employee. If the employee is notified one month in advance, the employee shall be paid an additional month's salary.

2. If both parties agree that the company will arrange other work without terminating the labor relationship, the company does not need to pay economic compensation.

Article 47 of the Labor Law stipulates that economic compensation shall be paid to the worker according to the number of years he or she has worked 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.

At present, the labor law stipulates that there is no free trial period, and the salary must be calculated as soon as you start work, and the minimum salary cannot be lower than that of the local area.

minimum wage; If there is no employment contract, the employer needs to pay double the salary;

So you can ask the company to compensate you;

Legal basis: Labor law.

Article 48.

The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported for the record. The wages paid by the employer to the employee shall not be lower than the local minimum wage.

Article 49.

The following factors shall be taken into account in determining and adjusting the minimum wage standard: (1) the minimum living expenses of the worker himself and the average dependent population; (2) the average social wage level; (3) Labor productivity; (4) Employment status; (5) Differences in the level of economic development between regions.

Article 50. Wages shall be paid to the worker in monetary form on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

If the employer does not cooperate with the negotiation to resolve the issue, you can take the following steps:

Chapter X: Labor Disputes.

Article 77.

In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit in accordance with the law, or resolve it through negotiation. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 78.

In resolving labor disputes, the lawful rights and interests of the parties to the labor dispute shall be safeguarded in accordance with the principles of legality, fairness and timely handling.

Article 79.

After the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

You can complain or report to the labor inspection brigade of the human resources and social security bureau where the employer is located, or you can call the national unified human resources and social security **12333 to complain and report.

Legal analysis: severance 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 severance shall not exceed 12 years. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Legal basis: 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 as 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 to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or termination of the employment contract.