Is it possible to request double compensation?

Hello: According to Article 48 of the Labor Contract Law, if the employer dissolves or terminates the 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; 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 (double compensation) in accordance with Article 87 of this Law.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

In your case, the labor contract is terminated by agreement between the employer and the employee, because there is an agreement between you. Therefore, the unit does not belong to the illegal termination of the contract, and does not need to pay double compensation. But you can get 10 years of severance payments.

Before the new labor contract law came into effect, there was no talk of double wages. If you were fired before it took effect, there should be no double pay.

The Labor Contract Law came into effect on January 1, 2008.

In what month was 08 fired? What are the termination agreements?

Severance shall be paid to the worker 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. The maximum period for which economic compensation may be paid shall not exceed 12 years.

Here's the answer:

1. Double compensation refers to the compensation paid according to double the economic compensation. The standard of severance is the average salary of the previous 12 months x the number of years of service.

2. Double compensation is only applicable when the employer illegally terminates the labor contract, and the payment in lieu of payment is only applicable when the labor contract is legally terminated, so the two will not exist at the same time. In other words, the employer does not need to pay the payment in lieu of payment if it pays double the compensation.

No payment in lieu of notice will be made after double compensation.

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.

Labor Contract Law

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; 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.

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 worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The additional 1 month's salary compensation is not applicable to your situation. You are not eligible to terminate your employment contract by paying an additional month's salary.

According to Article 40 of the Labor Contract Law.

Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

If the employer terminates the labor contract without reason, it is illegal to terminate the labor contract and shall pay compensation equivalent to twice the economic compensation, i.e., 7 months' salary.

Article 87 of the Labor Contract Law stipulates that: "If 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." ”

With a contract, there is no question of double payment.

The company must have a legal reason for terminating the contract, otherwise it is an illegal termination, and if it is more beneficial for you to request the resumption of the employment relationship, you can request the resumption of the employment relationship. If the contract is terminated illegally, you can claim financial compensation. 2 months for one year of work.

Hello, if the employer dismisses you without a certain reason and fails to reach a negotiation with you, it is an illegal termination of the labor contract, and you should pay twice the compensation of economic compensation, you have worked for 3 years and 2 or 3 months, according to the law, you can ask for 7 months' salary as economic compensation.

If you are asked to leave your job immediately, you can also claim an additional 1 month's salary as compensation, but double severance is not supported.