How to calculate wages and compensation, and how to calculate compensation wages

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the employer shall be ordered to pay additional compensation to the employee at the rate of 50% to 100% of the amount payable

1) Failure to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Failure to pay social insurance and economic compensation] Paragraph 1 of Article 46 of the Labor Contract Law stipulates that the employee fails to pay social insurance in accordance with the law (Paragraph 3 of Article 38). The employer shall pay economic compensation to the employee.

If there is an agreement with the company on your labor remuneration and place of work (written agreement or other proof that can be proven), the company's reduction of labor remuneration is a breach of contract, and you can apply for arbitration, and if the company terminates the labor relationship with you, it is an illegal termination of the labor contract, and you can request continued performance of the contract or double compensation.

If there is no evidence to prove this agreement with the company, and the company's reduction of labor remuneration is not a breach of contract, but it is illegal to not sign a written labor contract and not pay social insurance, you can terminate the labor relationship accordingly, and request double wages, social insurance and overtime pay from July 10 to the current date (collect evidence of overtime).

Legal analysis: (1) The employer terminates the labor contract in accordance with the law.

1. Negotiated termination of severance = monthly salary for years of service (more than 12 years, calculated as 12 years).

2. Economic compensation for dismissal due to illness or non-work-related injury = monthly salary + medical subsidy for working years (not less than 6 months' salary, 50% for serious illness and 100% for terminal illness).

3. Incompetent termination severance = monthly salary for working years (more than 12 years, calculated as 12 years).

4. Objective change severance = working years and monthly salary.

5. Economic layoff severance compensation = working years and monthly salary.

6. Late payment of severance = original severance + additional severance (50% of the original severance).

2) Compensation for the employer's failure to pay severance compensation.

Indemnity = Sum of severance n=Years of service Monthly salary (1+50%) n(1

3) Compensation for illegal termination of the contract due to the employer's failure to conclude the contract or the compensation for the invalidity of the contract: 1 = 25% of the salary income due to the compensation 2 = 25% of the medical expenses

2. Calculation and basis of the wage standard of economic compensation for the termination of the labor contract by the employee.

The first judgment shouted) Compensation for illegal termination = employment fee + training fee + direct economic loss + other compensation expenses agreed upon.

2) Compensation for breach of confidentiality by the employee = the loss of the infringed operator (or the profits obtained by the infringer due to the infringement) + reasonable investigation costs.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China 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.

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 economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid 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.

Legal analysis: 1. Negotiated termination of economic compensation = monthly salary for years of service (more than 12 years, calculated as 12 years); 2. Economic compensation for dismissal due to illness or non-work-related injury = monthly salary + medical subsidy for working years (not less than 6 months' salary, 50% for serious illness and 100% for terminal illness).3. Incompetent termination severance = monthly salary for working years (more than 12 years, calculated as 12 years).4. Objective change of economic compensation = monthly salary for working years; 5. Economic layoff severance compensation = working years and monthly salary. 6. Late payment of severance = original severance + additional severance (50% of the original severance).

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) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employing unit proposes to terminate the labor contract to the worker in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation;

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 raises 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.