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After working in the factory for five years and earning 2,000 yuan a month, he was fired, and those who met the conditions for compensation could make up for five months' wages.
Article 47 of the Labor Contract Law stipulates that after the dissolution or termination of a labor contract, the employer shall pay the employee economic compensation according to the number of years of service in the employer and the rate 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, economic compensation of half a month's salary shall be paid.
There are 12 circumstances in which an employer shall pay severance to an employee when it dissolves or terminates a labor contract:
1. The employer proposes that the two parties terminate the labor contract through negotiation.
2. The employer terminates the labor contract if the worker is sick or injured not due to work, and is unable to engage in the original job or work arranged by the employer after the prescribed medical treatment period expires;
3. The employer terminates the labor contract if the worker is incompetent for the job, and is still incompetent after training or job adjustment;
4. The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract is based, 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 negotiation;
5. The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law and lays off its personnel in accordance with the law;
6. The employer has serious difficulties in production and operation, and lays off personnel in accordance with the law;
7. If the enterprise still needs to lay off personnel after changing the labor contract, the employer shall lay off the personnel in accordance with the procedures prescribed by law;
8. Other cases where the employer lays off employees in accordance with the procedures prescribed by law due to major changes in the objective economic conditions on which the labor contract is based makes it impossible to perform the labor contract.
9. Upon the expiration of the labor contract, the employee agrees to renew the labor contract but the employer does not agree to renew the labor contract, and the employer terminates the fixed-term labor contract;
10. The labor contract is terminated because the employer is declared bankrupt in accordance with the law;
11. The labor contract is terminated because the employer's business license is revoked, the employer is ordered to close down, or revoked, or the employer decides to dissolve ahead of schedule;
12. Other circumstances stipulated by laws and administrative regulations.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
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5 years multiplied by 2000, 10,000, if you are notified a month in advance, it is this money, if you are let go immediately, it should be 5 * 2000 *, but look at your company is not formal.
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First, if it is a legal termination of your labor contract, or the labor contract expires, etc., then it is a compensation of 5 months' salary and 10,000 yuan.
Second, if the factory is illegally terminated without a legitimate reason, such as simply being incompetent for the job, then you have to pay double the economic compensation, that is, 10 months' salary, 20,000 yuan.
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The salary of more than one year of compensation for the dismissed service: if the labor contract is legally terminated, it is an economic rollover compensation, and the average monthly salary of one month is paid for each full year of work, and if it is less than one year and more than six months, it will be calculated as one year, and if it is less than six months, it will be calculated as half a month.
There is a salary for more than one year of compensation for the fired seniority:
If the labor contract is legally terminated, it is severance payment, and the average monthly salary of one month is paid for each full year of work, and if it is less than one year and more than six months, it will be calculated as one year, and if it is less than six months, it will be calculated as half a month;
If the company dismisses you without legal reasons, it is an illegal termination of the labor contract, and it shall pay twice the severance as compensation. The average monthly salary is calculated based on the average salary of the 12 months prior to your departure, which is the average of all salaries.
Interim Provisions on Payment of Wages".
Article 4 Wage payment mainly includes: wage payment items, wage payment level, wage payment form, wage payment object, wage payment time, and wage payment under special circumstances.
Article 5 Wages shall be paid in legal tender. Payment in kind and in alternative currency** may not be made.
Article 6 The employer shall pay wages to the workers themselves. If the worker is unable to receive wages for any reason, his relatives or entrusting others to collect the wages on his or her behalf.
The employer may entrust the bank to pay the wages on behalf of the employer.
The employer must keep a written record of the amount and time of payment of the employee's wages, the name and signature of the recipient, and keep it for at least two years for future reference. When paying wages, the employer shall provide the employee with a list of his or her personal wages.
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Then you have to see if it's going to work on the **, if it's going to climb the pole next door, it's true.
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This normal is to have a job to be completed in a hurry, a forty-day shortage of tasks, and completing the task is more than paying liquidated damages.
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According to the Labor Contract Law, the employer is required to pay severance Article 38 The employee may terminate the labor contract if the employer falls under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;
2) Failure to pay labor remuneration in full and in a timely manner;
3) Failure to pay social insurance premiums for workers in accordance with the law;
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;
5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6) Other circumstances under which the labor contract may be terminated 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;
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.
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It is not necessary to resign by oneself, but only to be dismissed by the unit.
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