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Anonymous users2024-02-07If there is a legally recognized income certificate, it will be calculated according to the actual loss, and if it cannot be proved, it will be calculated according to the average social wage published by the local government.
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Anonymous users2024-02-06Legal analysis: (1) The employer terminates the labor contract in accordance with the law.
1. Negotiated termination of severance = monthly salary for years of service (more than 12 years, calculated as 12 years).
2. Economic compensation for dismissal due to illness or non-work-related injury = monthly salary + medical subsidy for working years (not less than 6 months' salary, 50% for serious illness and 100% for terminal illness).
3. Incompetent termination severance = monthly salary for working years (more than 12 years, calculated as 12 years).
4. Objective change severance = working years and monthly salary.
5. Economic layoff severance compensation = working years and monthly salary.
6. Late payment of severance = original severance + additional severance (50% of the original severance).
2) Compensation for the employer's failure to pay severance compensation.
Indemnity = Sum of severance n=Years of service Monthly salary (1+50%) n(1
3) Compensation for illegal termination of the contract due to the employer's failure to conclude the contract or the compensation for the invalidity of the contract: 1 = 25% of the salary income due to the compensation 2 = 25% of the medical expenses
2. Calculation and basis of the wage standard of economic compensation for the termination of the labor contract by the employee.
The first judgment shouted) Compensation for illegal termination = employment fee + training fee + direct economic loss + other compensation expenses agreed upon.
2) Compensation for breach of confidentiality by the employee = the loss of the infringed operator (or the profits obtained by the infringer due to the infringement) + reasonable investigation costs.
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 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.
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.
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Anonymous users2024-02-05The legal basis for economic compensation or compensation is Article 47 of the Labor Contract Law, which states that "economic compensation shall be paid to the employee according to the number of years of service in the employer and the payment of one month's salary for each full year." 6. If it is more than one month 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.
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" in this article refers to the average salary of an employee for two months before the termination or dissolution of the labor contract".
The calculation standard for severance or compensation should be pre-tax (payable) wages rather than after-tax (paid) wages.
If you can't figure it out like this, first of all, you have to figure out whether your working period is between 3 and 31 days, and whether the weekend work is counted as compensatory leave or overtime. If it is calculated on the basis of overtime, then how is the overtime pay calculated (1 time, 2 times, 2 times, etc.). If it is calculated according to the compensatory leave, then it is calculated as follows: >>>More
The basic wage is the basic component of the employee's salary, which is paid by the employer according to the prescribed wage standard, and is relatively stable compared with other components of the wage amount. Post wage refers to a wage payment system that takes the post coefficient of post rights, responsibilities, working conditions, labor intensity, labor skills, safety factor, importance and other evaluation elements as the content of wage remuneration, and the salary needs to be transferred according to the post and takes the post as the standard. The salary of the position is calculated according to the type of work. >>>More
If the company has relevant rules and regulations.
And notify the worker in advance or publicize, and do not need to notify again. However, the employer needs to deduct wages according to the statutory proportion, otherwise it is illegal. >>>More
Reasonable, there is a sentence "no laborer shall not eat", does not violate the "Labor Law", bonus refers to the compensation for completing a certain amount of work, leave should not be paid, and employees enjoy the same salary income during the annual leave period as during the normal working period. It refers to salary income and does not include others, which is the embodiment of the principle of fairness. >>>More
Suspects.
Code of Criminal Procedure >>>More