The catalogue of labor contract compensation and the labor contract compensation standard

Legal analysis: When an employee signs a labor contract with an employer, the employer shall not agree on other liquidated damages with the employee except for the non-compete clause or training agreement. If the employee breaches the contract, he or she shall pay the corresponding liquidated damages in accordance with the law.

If the employer terminates the labor relationship with the employee without any lawful reason and does not pay economic compensation, the employee does not have any of the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, it shall pay compensation, i.e., 2 months' wages for every year of service; If the termination of the labor relationship between the employer and the employee complies with the provisions of Article 46 of the Labor Contract Law, the employer shall pay severance payment, i.e., one such monthly salary for every year of service; In accordance with Article 40 of the Labor Contract Law, if the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice;

Legal basis: Article 47 of the Labor Contract 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. 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 wage of the employee, and the maximum number of years 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.

The compensation standard of the labor contract is based on 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 in accordance with Article 87 of this Law.

1. The number of years the worker has worked in the unit. The calculation period of severance is the number of years the employee has worked in the employer. According to the Ministry of Labor, the number of years of service of an employee in the same employer refers to the number of years that the employee has worked continuously in the same employer and maintained the labor relationship.

First of all, the requirement of working years in the same unit is "the same employer", and the number of years of service of the employee in other units shall generally not be counted in the calculation of the number of years of service in the same unit unless there are special provisions of the law. Secondly, the number of years of service in the employer shall be "continuous working years", and if the employee has established or terminated an employment relationship with the same employer for several times, the working hours of multiple periods cannot be combined. When calculating the severance based on the number of years the employee has worked in the employer, the employee shall be paid one month's salary for each full year of service in the employer.

If the working time is less than one year, if the working time is more than one year but the remaining working time is less than one year, the Labor Contract Law shall deal with it separately, and if the working time is more than six months but less than one year, it shall be calculated as one year, and the economic compensation of one month's salary shall be paid; If it is less than six months, the worker shall be paid half a month's wage.

2. The monthly wage level of the worker. The calculation base of severance is the monthly wage standard of the employee, and the severance payment of one month's wage standard is paid according to the number of years the worker has worked in the employer. The monthly wage of an employee refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, including basic salary, bonus, allowance, subsidy, etc.

3. The average wage of social workers. Article 47 of the Labor Contract Law imposes certain restrictions on the severance payment of an employee with a higher salary, and if the monthly wage of the employee is three times higher than the average monthly wage of the employee in the municipality directly under the Central Government or the city divided into districts in the previous year as the employer, the double restriction on the base amount and the maximum number of years shall be imposed when calculating the severance payment, and the base amount of the severance payment shall be calculated at three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years.