What is the specific law for workers compensation?

There is no calculation formula, which is stipulated in the Labor Contract 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 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.

Article 27 of the Regulations for the Implementation of the Labor Contract Law stipulates that the monthly wage of economic compensation as stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the employee, 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.

What is the 40th article of the Labor Contract Law? You directly read the full text of the Labor Contract Law.

1. Labor Contract Law

Article 22 Where an employer provides a worker with special training expenses and provides him with professional and technical training, it may enter into an agreement with the worker to stipulate the period of service.

If the employee violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement. The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer shall not exceed the training expenses that should be apportioned for the unfulfilled part of the service period.

If the employer and the employee agree on the service period, Wufan shall not affect the increase of the employee's labor remuneration during the service period in accordance with the normal wage adjustment mechanism.

Article 23 The employer and the worker may stipulate in the labor contract to keep the employer's trade secrets and confidential matters related to intellectual property rights.

For employees who are obliged to maintain confidentiality, the employer may stipulate a non-compete clause with the employee in the employment contract or confidentiality agreement, and stipulate that after the termination or termination of the labor contract, the employee will be compensated monthly during the non-compete period. If the employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.

2. Regulations for the Implementation of the Labor Contract Law

Article 26 If an employer and a worker have agreed on a service period, and the worker terminates the labor contract in accordance with the provisions of Article 38 of the Contract Law, it is not a violation of the agreement on the service period, and the employer shall not require the worker to pay liquidated damages.

Under any of the following circumstances, if the employer and the employee terminate the labor contract with the agreed service period, the employee shall pay liquidated damages to the employer in accordance with the labor contract:

1) The worker seriously violates the rules and regulations of the employer;

2) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

3) 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 unit, or refuses to make corrections upon the employer's request;

4) The worker uses fraud, coercion or taking advantage of the danger of the employee to cause the employer to conclude or modify the labor contract contrary to its true intentions;

5) The worker is investigated for criminal responsibility in accordance with law.

1. Is it reasonable for the company to ask for compensation from the departing employee?

1. Under the statutory circumstances, the unit may claim liquidated damages.

2. If the employer and the employee agree on the service period or have a confidentiality agreement, and the employee violates the contract, the employer may demand liquidated damages from the employee.

Article 30 of the Labor Contract Law stipulates that the employer shall pay the employee labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract and national regulations. Article 36 stipulates that an employer and an employee may terminate the labor contract of the employee through consultation. The provisions on the payment of economic compensation to employees are based on Article 46 of the Labor Contract Law, and the employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 terminates the labor contract through consultation with the employee; (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 agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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 terminates the labor contract through consultation with the employee; (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 agreed conditions of the labor contract and renews the labor contract, and the employee does not renew the labor contract with the intention of Gao Wu Heyi, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations. Oranges.