Issues concerning the treatment of employees who are dissolved in collective enterprises 140

Solve the major problem of the actual length of service of workers in the past when they retire.

Summary. Hello, if the enterprise is dissolved at that time and the placement of employees is unreasonable, there is still this problem.

Hello, if the enterprise is dissolved at that time and the placement of employees is unreasonable, there is still this problem.

It has been disbanded for more than 30 years, and it has been disbanded for more than 30 years.

It has been disbanded for more than 30 years, and in the face of demolishing the bridge and stool relocation, ** has made a resettlement plan.

Oh, it's been more than 30 years, a little long.

This compensation policy is set by the state, and it is unreasonable if it is not followed.

If you have any objections to this compensation policy, you can contact the local leader to negotiate.

It's useless to negotiate with the local leader, I want to ask him about the resettlement plan for the enterprise that is now engaged in the troublemaking industry, which should be prepared to clarify what legal basis there is during the period when the enterprise has just closed the procedure, or when it has just dissolved, or that it has been more than 30 years now, and what legal basis is there to be able to take this plan out in one sentence.

Wait a minute, I'll send it to you.

In accordance with the relevant national policies and regulations and the practice of various localities, the main ways of employee placement are: first, early retirement; the second is to receive a one-time placement fee and be self-employed; The third is to receive economic compensation and enter unemployment insurance, and the fourth is to use the effective asset restructuring and resettlement of closed and bankrupt enterprises: and the fifth is to be resettled by the local community or retiree management service agencies

Sixth, other enterprises recruit or transfer.

Yes, the file holder is calculated according to the pre-departure limit of your work year in the unit, one month's salary for each full year, and half a month's salary for less than half a year.

Legal basis: Article 46 (6) of the Labor Contract Law stipulates that the labor contract shall be terminated in accordance with the provisions of Article 44, Paragraphs 4 and 5 of this Law;

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer, and shall be paid to the employee at the rate of one month's salary for each full year, and if it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Hello! We are glad to answer for you: after the dissolution of the company, the labor contract between the employee and the company is terminated, and the employee can receive economic compensation in accordance with the law.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China: If the labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law, the employer shall pay economic compensation to the employee.

Article 44: The labor contract shall be terminated under any of the following circumstances:

1.The expiration of the labor contract;

2.The worker begins to enjoy basic pension insurance benefits in accordance with the law;

3.The worker dies, or is declared dead or missing by the people's court;

4.The employer is declared bankrupt in accordance with law;

5.The employer's business license has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule;

6.Other circumstances provided for by laws and administrative regulations.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1.Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law;

2.Where the employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and agrees to terminate the labor contract through consultation with the transportation-oriented 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 terms and conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law. Hope mine helps you! Hope.

The company has this right to dismiss the employee, which is the company's right. However, if the company dismisses the employee, it must also pay the employee a certain amount of compensation. In general, in the case of noisy travel, the compensation is n times, depending on the company's boss. Lift the stool.

No, in this case, there is no need to disadvantage, the employment has been placed, and it is indeed closed and hungry in the decline in business volume, this does not need to be compensated, if the employee leaves on his own, he can be completely exempt from compensation.

You can take a look at the provisions of the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, and handle the labor relationship in accordance with the law. If the labor and imitation contract is terminated or terminated due to the company's reasons, it is generally necessary to pay economic compensation. If the labor contract is dissolved or terminated in violation of the law, compensation shall be paid.

Local lawyers may be hired to provide legal services, operate in accordance with laws and regulations, and avoid the consequences of improper operation causing the law to be rolled and sliding.

According to the labor law, compensation is required, because the place of work has changed, in fact, the key points of the labor contract have changed, so if the company disposes of the employee in this way, it needs to be compensated, and the amount of compensation can be negotiated by sitting down.

If the distance is relatively reasonable, the employees should be buried purely, and if they can't reach a consensus, they should also be compensated. The annual severance payment is calculated as the average salary of the employee in the previous year.

The key is to see whether the employment contract indicates the place of work and the address of the head office in the urban area.

If the place of work in the contract is written as the location of the county-level branch, the head office can be removed without concealment, so that it is the company that violates the contract, and the employee does not need to be compensated. If the place of work is only written in the city where it is located, and the head office also meets the requirements, you can't go, because the company has already placed the employees of the branch according to the contract, so there is no need for compensation for resignation.

If the compensation is paid, it is not less than one month's salary for one year of service.

If it is an act of changing the labor contract, the employee can terminate the labor contract on this ground, and has the right to receive financial compensation, thank you.

The company's business has been reduced due to "policy problems, and the prospects are hopeless, so the leaders are ready to cancel a county-level branch." It is also proposed that the county-level employee be allowed to go to work at the head office of the city's reform shed district", which is a lenient rule for the change of the labor contract, and the employee has the right to refuse.

If the labor contract is terminated as a result, the company shall pay the employee economic compensation according to the number of years of service he or she has provided. That is, one month's salary for every year of work, and half a month's salary for less than six months.

It is true that some employees are inconvenient to go to work, and the unit can terminate the labor contract, and need to pay economic compensation, pay a spring monthly salary a year, and pay half a month's salary for half a year, and compensate half a month's salary for less than half a year, not more than 12 months.

If the branch is revoked, the labor relationship between you and the company will be concluded, and the company will not be able to negotiate with you, you can choose not to go to work in the head office, and you can ask for economic compensation, the standard is one month's salary for one year.

This issue relates to the working environment in which the employment contract is forged by a certain number of people. If it is not caused by objective factors or force majeure, and the two parties do not reach an agreement, the company needs to pay Shen Suishou economic compensation, and the two parties terminate the labor relationship.

The company's independent business scope belongs to the company's rights. Employees can be dismissed if necessary.

This depends on how the company arranges and distributes, and the employees can accept it, then follow the company's arrangement.

The company dissolves the employee in advance, and the compensation for the employee's loss is generally two months' salary, and if the company is in the company, it will be compensated for one month per year.

Employees who are dismissed by the company need to be compensated. Do a year to pay one month's salary. Do ten years and pay ten months' salary. It's legal. We also know that it is not easy for the boss either.

If some employees are unwilling to go to work in the head office of the city. Then buy out their seniority. Generally, it is handled according to the standard of compensation required for the local labor contract. Usually, it is one month for the full year.

In this case, if it is not caused by the employee, the employee is required to pay economic compensation.

According to the length of service of the staff and the salary of the employee's socks, the compensation for one year of work is one month, and when the work is calculated, the odd time of work is counted as one year for more than half a year, and half a year for less than half a year.

When the company is dissolved, the employees are compensated. and wage subsidies.

Employees need to be compensated because of a change of place of work.

We do not dispose of employees at will.

There is a valid reason for the need for spine guessing.

And what discipline is against the Sakura type.

It cannot be disbanded at will.

You still need to do your own work.

Hello, the employer has been declared bankrupt in accordance with the law; If the employer's business license is revoked, it is ordered to close down, it is revoked, or if the employer decides to dissolve ahead of schedule, the employer shall pay economic compensation to the employee. If an employee encounters such a situation, it is necessary to compensate the employee in accordance with the provisions of the Labor Law. This is also very important for employees, after the company closes down and dissolves, it is necessary to do a good job of aftermath, including financial compensation for the forehand employees.

If the dismissal of an employee is due to the termination of the employment relationship for reasons other than the employee's own, the employer shall pay severance according to the number of years the employee has worked in the employer. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that 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's Government 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 period of payment of economic compensation 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.

Personally, I think that the collective enterprise (which was later restructured into a private enterprise) should pay social security for your father-in-law. If the reason for the dismissal of the enterprise does not comply with the provisions of Article 39 of the Labor Contract Law, it is as follows:

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

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on 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;

6) Those who have been pursued for criminal responsibility in accordance with law.

The enterprise should give you financial compensation to your father-in-law. The formula for calculating severance is the average monthly salary of the year before dismissal * the actual number of years of service.

PS: At the same time, you can ask the company to pay your father-in-law's social security during his employment in the company.

If they meet the conditions, they can only apply for the minimum subsistence allowance for urban residents. The sub-district office or town people** where the household registration is located are responsible for handling this matter.

After the dissolution of the company, the employee's labor contract with the company is terminated, and the employee can receive economic compensation in accordance with the law.

Article 46 of the Labor Contract Law of the People's Republic of China stipulates that if a labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law, the employer shall pay economic compensation to the employee.

Article 44 stipulates that the contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

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

1. Under what circumstances is a termination of an employment contract?

The labor contract shall be terminated under any of the following circumstances:

1. The labor contract expires;

2. The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3. The worker dies, or is declared dead or missing by the people's court;

4. The employer is declared bankrupt in accordance with the law;

5. The business license of the employer has been revoked, ordered to close or revoked, or the employer has decided to dissolve in advance;

6. Other circumstances stipulated by laws and administrative regulations.

2. How to operate the termination of the labor contract.

The operation method of termination of the labor contract: 1. The labor contract expires; 2. The worker begins to enjoy the basic pension insurance benefits in accordance with the law; 3. The worker dies, or is declared dead or missing by the people's court; 4. The employer is declared bankrupt in accordance with the law; 5. The business license of the employer has been revoked, ordered to close or revoked, or the employer has decided to dissolve in advance; 6. Other circumstances stipulated by laws and administrative regulations.

Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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 agrees with the employee to terminate the labor burial contract;

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 raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract shall be terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law.