How much compensation can I get for applying for labor arbitration

I did it for four years and then moved the factory and I didn't want to go, and he didn't want to compensate, so I applied for labor arbitration, how much can I compensate.

If the employer notifies the employer to resign if the employer does not pay social security or arrears wages, it can arrange for the unit to compensate for one month's salary, and the average salary for the 12 months before the resignation is used as the compensation standard (if you do not resign, there is no such compensation).

Article 38 of the Labor Contract Law An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

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;

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.

Yes, you can apply for labor arbitration directly at your local labor arbitration commission.

Hello, you can go directly to the local labor arbitration commission to apply for labor arbitration. In general, the calculation method:

1. Half a month's salary, the standard is the average salary of the previous months, including bonuses, allowances and subsidies, and compensation is based on the above double standard.

2 If you do not give 30 days' notice, you will be paid one month's salary in lieu of notice, and the standard is the salary due for the previous month.

3 Supplementary insurance.

If you have any questions, you can add my friends to chat.

Calculation of compensation.

1. Half a month's salary, the standard is the average salary of the previous months, including bonuses, allowances and subsidies, and compensation is based on the above double standard.

2 If you do not give 30 days' notice, you will be paid one month's salary in lieu of notice, and the standard is the salary due for the previous month.

3 Supplementary insurance.

Do the math yourself and find out how much compensation you should get.

Compensation after labor arbitration: For example, if the employer illegally terminates the contract with the employee and is applied for arbitration, it shall pay the employee twice the economic compensation standard. If the employer has other illegal acts, it shall compensate in accordance with the provisions of the law or the actual losses caused to the employees.

Article 51 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes The parties shall perform the mediation documents and awards that have the legal effect of selling resistance in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law. then remain.

Arbitration refers to the act of submitting a dispute to a neutral third party outside the dispute, who mediates and adjudicates the dispute between the parties.

According to the different objects of loss, arbitration can be divided into civil and commercial arbitration, maritime arbitration, international dispute arbitration, etc. Labor dispute arbitration is a type of arbitration system that aims to resolve labor disputes. Labor dispute arbitration not only has some common characteristics of arbitration systems, but also has special characteristics.

The statute of limitations for labor dispute arbitration refers to the system whereby an employee and an employer do not apply to a labor dispute arbitration institution for arbitration within the statutory time limit, they will lose the right to request the labor dispute arbitration institution to protect the realization of their rights. The statute of limitations for arbitration is the period of validity of the procedural right of the parties to request the settlement of labor disputes through arbitration, so it is of great significance.

Legal basis

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers 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 and 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 stipulated by laws and regulations. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law. Article 6 In the event of a labor dispute, the parties concerned shall have the responsibility to provide evidence for their own claims.

If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.