The termination of an employment contract is calculated by multiplying the average salary of the pre

The monthly wage for calculating severance refers to the average salary due to the employee in the 12 months prior to the termination of the labor contract.

Labor Contract 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.

***。Regulations for the Implementation of the Labor Contract Law

Article 27 The monthly wages for economic compensation as provided for in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the worker, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. If a worker has worked for less than 12 months, the average wage shall be calculated according to the number of months actually worked.

Article 4 of the Provisions on the Composition of Total Wages The total wages are composed of the following six parts:

1) Hourly wages;

2) piece-rate wages;

c) bonuses; iv) allowances and subsidies;

5) Overtime wages;

6) Wages paid under special circumstances.

The termination of the labor contract has nothing to do with the company, and of course it cannot be punished.

At present, the interpretation of the composition of total wages still follows the provisions of the National Bureau of Statistics on the composition of total wages, according to which the composition of wages includes: 1. hourly wages (i.e., wages calculated and paid according to working hours);

2. Piece-rate wages (i.e., wages calculated and paid according to work output and benefit assessment);

3. Bonus (i.e., the incentive salary obtained due to the effect of labor performance, and also includes the labor remuneration paid to the worker by the unit's finance in the form of bonus);

4. Allowances and subsidies (including monetary remuneration for compensating employees for special or additional labor);

5. Overtime and overtime wages.

6. Wages paid under other special circumstances (including wages payable by the employer during the period when the worker fulfills statutory social obligations, etc.).

All labor remuneration consisting of total wages shall be included in the base for calculating and paying severance for the termination and termination of the labor contract.

1. The average salary for the first 12 months in severance includes all of your salary

It refers to all wages actually received by workers, including funds, allowances, subsidies, etc.

Wages should be paid, and overtime pay is generally excluded!

Economic compensation, what is the average salary in Shenzhen.