-
1. If the unit lays off employees without one month's notice in advance, the employer needs to pay the employee one month's salary as compensation for the lack of notice.
2. The compensation for layoffs in the unit is one month's salary for each year, which is n+1 in total.
3. In accordance with the Labor Contract Law
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.
When reducing personnel, priority shall be given to retaining the following personnel:
1) Entering into a fixed-term labor contract with the unit for a longer period of time;
2) Entering into an indefinite labor contract with the unit;
3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.
Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.
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) 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 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.
-
At least two months' back wages, there are labor laws, if you don't sign a contract, then it's very annoying, you can not give you a cent, but as long as you have enough evidence, they will still give you.
-
The company layoff is to pay the employee one month's salary a year as financial compensation, you can find a lawyer in the legal partner, legal network to learn more about Ha's detailed statement.
-
If the company lays off employees, it should give employees corresponding economic compensation, and the amount of compensation depends on the company's economic strength.
-
n refers to the years you have worked for this company.
1 means that if you are not notified 30 days in advance, you will be paid an additional month's salary in lieu of notice. If you are notified 30 days in advance, there will be no 1, which means that there will be no compensation for this month's salary.
-
What is the compensation for the company's layoffs? If the company gives one month's written notice of layoffs, is there one more month's salary compensation? Of course, there is, because as long as he notifies you that you are going to lay off employees, then ah, that is, if your valid contract is still there, he will accompany you with the corresponding salary.
-
In the case of layoffs, the meaning of compensation will definitely be given four written notices in advance of the layoff, and he will definitely compensate your salary in this month.
-
Hello, according to your questions, Dr. Fa's legal counsel will answer for you:
OneNot signedEmployment contractsAnd neededOne month's notice to terminate the employment contractIn the case of 2n+1.
2. If the labor contract is terminated, the employer shall pay twice the severance payment.
The circumstances are: 1) the employer terminates the labor contract in violation of the law;
2) The employer terminates the labor contract after the parties to the labor contract have reached a consensus through consultation;
3) The employer terminates the de facto employment relationship in advance;
4) The employer compels labor by means of violence, coercion or unscrupulous means restricting 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 is lower than the local minimum wage.
Paying wages to workers;
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) If the employee is incompetent for the job, and the employer terminates the labor contract after training or job adjustment;
9) Where there is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, resulting in the inability to perform the original labor contract, and the parties are able to reach an agreement on the modification of the labor contract after negotiation, and the employer terminates the labor contract;
10) The employer is on the verge of bankruptcy and has to terminate the labor contract during the period of statutory rectification or serious difficulties in production and operation;
11) The employer goes bankrupt or dissolves during the term of the labor contract;
12) When the labor contract is terminated, the local government has special regulations that require the payment of economic compensation.
-
Summary. Hello, glad to answer for you. 0 According to the Labor Contract Law of the People's Republic of China, when an enterprise changes or terminates a labor contract, it needs to give 30 days' written notice in advance, and if the above requirements are met, the enterprise shall give the party a n+1 treatment compensation.
Under normal circumstances, when a company gives 30 days' notice of layoffs, it should give compensation in accordance with N+1, that is, one month's salary per month, up to a maximum of 12 months. Hope you find the above answers helpful. If you think it's okay, please follow and give a thumbs up.
I wish you good health and a happy life!
The company gives 30 days' notice of layoffs, and the compensation is n+1 or only n (no +1) pending notice.
Hello, glad to answer for you. 0 According to the Labor Contract Law of the People's Republic of China, when an enterprise changes or terminates a labor contract, it needs to give 30 days' written notice, and if the above requirements are met, the enterprise shall give the relevant Weihong person n+1 treatment compensation. Under normal circumstances, when the company notifies the layoff 30 days in advance, it should give compensation in the N+1 manner, that is, one month's salary is compensated every month, which means that the maximum number of months is not more than 12 months.
The company contract is signed for three years, but only for one year, in this case, is the n coefficient 1 or 3?
Hello, about the determination of the n coefficient, to be determined according to the contract signed by both parties, ** service agreement and other documents, if the contract has clear provisions, then in accordance with the provisions of the noisy to determine the n coefficient, if the contract does not have the provisions of the agreement, then there may be different ways to deal with the actual payment. In general, the n-factor should follow 3. Because the n-factor is used to evaluate the company's operating conditions and the company's future financial health, the n-factor represents the total duration of the contract, not the length of time the contract has been officially launched.
Therefore, even if it has only been online for a year, the n-factor should follow 3.
-
The compensation rates are set out below:
If the labor contract is terminated due to layoffs, the unit shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer, and the rate of one month's salary for each full year. If the state has been undefeated for more than six months and has been undefeated for one year, it will be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.
Hello, there are several situations in which you can sit in a controlled manner. >>>More
Of course, compensation is needed.
According to Article 47 of the current Labor Law, 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. >>>More
On Friday, local time, Schlumberger, the world's largest oilfield services company, announcedDue to the impact of the new crown epidemic, will lay off 21,000 employees to protect themselves, and the company will use more than $1 billion in severance pay for this. >>>More
During the period when the employer is on the verge of bankruptcy and suspension of business for rectification or when serious difficulties occur in production and operation, the employer shall explain the situation to the labor union or all employees 30 days in advance and report to the local labor administrative department before laying off employees.
There should be financial compensation.
If an employer lays off employees in accordance with Article 41 of the Labor Contract Law, the employer shall pay economic compensation to the employee in accordance with Paragraph 4 of Article 46 of the Labor Contract Law. >>>More