Labor Contract Law: Whether the employee is compensated if the company breaks up the company

If a company is dissolved or closed down in accordance with the provisions of the Labor Contract Law, the employer shall pay severance to the employee in accordance with the provisions of the Labor Contract Law (one month's salary for each year of service).

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.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

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.

Receive economic compensation in accordance with the law, and pay one month's salary for each year of work!

The compensation standards for the dissolution of the same company without labor coincidences are:

1. You can ask the company to make up the social security payment.

2. The company can be required to pay economic compensation.

3. If the limitation period for arbitration application has not expired, the company can also be required to pay double wages for up to 11 months without signing the labor contract.

According to the current policy, if the business license of the enterprise is revoked, the enterprise is ordered to close down, revoked, or the employer is dissolved ahead of schedule, the termination of the labor relationship shall be determined, and the severance shall be compensated for one month of the average salary of the individual employee for the first 12 months every year from January 1, 2008, and half a month shall be calculated for less than half a year. On the contrary, if the business license is not revoked and the employer is ordered to close or revoke or the employer is dissolved in advance, the economic compensation shall be calculated from the beginning of the employee's personal work in the factory (company), and the compensation shall be made for one month every year, and half a month for less than half a year.

If the employer gives one month's written notice to terminate the contract, the employer shall pay one month's salary, and if the employer unilaterally terminates the contract, it shall pay the employee severance compensation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

(1) Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, (2) Where 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) Where the employer terminates the labor contract in accordance with the provisions of Article 40 of this Law, (4) Where the employer terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law, (5) The employer renews the labor contract unless the employer maintains or improves the terms and conditions of the labor contract. Except in the case where the employee does not agree to renew, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law, (6) the labor contract is terminated in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law, and (7) other circumstances stipulated by laws and administrative laws and regulations.

1. If the company terminates the contract and does not compensate, the worker can complain to the labor administrative department, or apply to the labor dispute mediation committee of the unit for mediation, and if the mediation fails, he can apply for labor arbitration or file a lawsuit in accordance with the law.

2. According to Article 79 of the Labor Law, after the occurrence of a labor dispute, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Summary. If the company is dissolved after half a year, it is not possible to draw up a labor contract without paying compensation, and the company must be compensated if it has no money when it is dissolved. Employers should pay severance in accordance with regulations.

If the employer is declared bankrupt in accordance with the law or decides to dissolve ahead of schedule, the labor contract shall be terminated. In accordance with Article 46, Paragraph 6 of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee.

Hello, excuse me.

The company is dissolved after half a year, and it is not possible to draw up a labor contract that does not need to pay compensation, and the company must be compensated if it has no money to dissolve. Employers should pay economic compensation in accordance with the regulations. If the employer is declared bankrupt in accordance with the law or decides to dissolve ahead of schedule, the labor contract shall be terminated.

In accordance with Article 46, Paragraph 6 of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China [Economic Compensation] In any of the following circumstances, the employer shall pay economic compensation to the employee: (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 Article 4 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) 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.