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There is a severance payment. According to the Labor Contract Law of the People's Republic of China, you will be given 5 months' salary from 08 years onwards. You go to your local Human Resources and Social Security Bureau to consult local standards.
Labor Contract Law of the People's Republic of China.
Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:
1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;
2) Serious difficulties occur in production and operation;
3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;
4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
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;
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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the 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 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.
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1. Those who meet one of the circumstances stipulated in Article 46 of the Labor Contract Law of the People's Republic of China can be compensated.
2. Only those who meet the provisions of Article 87 of the Labor Contract Law of the People's Republic of China can receive compensation.
First, you are contractual, and if the contract expires, there is no compensation or compensation;
Second, "the toll station shall be closed when the toll collection period is reached" does not meet any of the circumstances stipulated in Article 46 of the Labor Contract Law, nor does it meet the conditions for compensation stipulated in Article 87 of the Labor Contract Law, so there is no compensation or compensation;
Third, if you are allowed to work elsewhere, there will be no compensation or compensation.
Attachment: Labor Contract Law of the People's Republic of China
1. Article 46 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 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of the 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.
2. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
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1. The severance for the termination of the contract is the severance given to the employee when the labor contract is terminated or terminated according to the number of years of service in the unit. The standard of compensation is: one month's salary for each year of service.
If an employer illegally terminates a labor contract, it shall pay double the severance payment, that is, two months' wages for every year of service. (Articles 46, 47, 48 and 87 of the Labor Contract Law).
2. The severance payment for non-competition is the severance compensation given to the employee during the period of the employee's commitment to the restriction of non-competition after the termination or termination of the labor contract in accordance with the non-compete agreement. (Article 23 of the Labor Contract Law).
1. What is the calculation standard of severance payment?
1. Negotiate the termination of economic compensation, working years, monthly salary (more than 12 years, calculated as 12 years).
2. Economic compensation for dismissal due to illness or non-work-related injury, working years, monthly salary, medical subsidy (not less than 6 months' salary, plus 50 for serious illness, plus 100 for terminal illness).
3. Incompetent termination of severance years of service monthly salary (more than 12 years, calculated as 12 years).
4. Objective change of economic compensation, working years, monthly salary.
5. Economic layoff, severance payment, working years, monthly salary.
6. Late payment of severance original severance and additional severance (50 of the original severance payment).
2. What are the circumstances under which the payment of severance is paid?
1. The employer terminates the labor contract after consultation between the two parties.
2. The labor contract is terminated by the employer due to objective reasons (non-subjective reasons) of the employee.
1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to engage in the original job or other work arranged by the employer;
2) The worker is not competent for the job, and after training or job adjustment, he is still incompetent for the job.
3. The labor contract is terminated due to the employer's own reasons.
1) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation;
2) The employer terminates the labor contract when the employer is on the verge of bankruptcy and undergoes statutory rectification or serious difficulties occur in its production and operation conditions, and it is really necessary to lay off employees.
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Economic compensation is a kind of punitive compensation when an enterprise dissolves or terminates a labor contract beyond the provisions of the law, and is the price to be paid for illegal acts, and its purpose is punitive.
1. Under what circumstances does an enterprise need to pay economic compensation?
According to the current regulations, if an employer terminates a labor contract in violation of the law or terminates the labor relationship in accordance with the provisions of Articles 24, 26 and 27 of the Labor Law, it shall pay economic compensation in accordance with the relevant provisions of the state. Specifically, it includes the following 12 situations:
1) The employer illegally dissolves the labor contract;
2) The employer terminates the labor contract upon the consensus of the parties to the labor contract;
3) The employer terminates the de facto employment relationship in advance;
4) The employer compels labor by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;
5) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;
6) The employer refuses to pay overtime wages or pays wages to employees lower than the local minimum wage standard;
7) The labor contract is terminated due to illness or non-work-related injury, and the labor appraisal committee confirms that the employee is unable to perform the original job or the work arranged by the employer;
8) The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment;
9) The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation;
10) The labor contract is terminated during the period when the employer is on the verge of bankruptcy and undergoing statutory rectification, or when the business conditions of the production and production are ruined, and the banquet is in serious difficulty, and it is necessary to lay off the personnel;
11) The employer goes bankrupt or dissolves during the term of the labor contract;
2. Is there any severance after the termination of the labor contract is signed?
Sign the termination of the labor contract to prove that someone has agreed with you to terminate the labor contract, and you shall be paid severance compensation.
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Legal analysis: Economic compensation is a kind of punitive compensation for the filial piety of the enterprise when it dissolves or terminates the labor contract beyond the legal provisions, and it is the price to be paid for the illegal act, and its purpose is punitive.
Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract by coincidence; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.
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