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There are three main types of standards for economic compensation, and different standards should be applied to the termination of an employment contract under different circumstances:
1. The 12-month cap standard, when this standard is applied, the employer shall pay the employee an economic compensation equivalent to one month's salary for every full year according to the employee's years of service in the employer, but not more than 12 months. Even if you have worked for more than 12 years, you can only be compensated for 12 months' salary. If the working time is less than one year, the severance shall be paid at the rate of one year.
There are two main situations: first, the employer terminates the labor contract by consensus of the parties to the labor contract; Second, if the worker is incompetent for the job, and the employer terminates the labor contract if the worker is still incompetent after training or job adjustment.
2. There is no upper limit, and the employer will pay the employee an economic compensation equivalent to one month's salary for every one year of service in the employer, and there is no maximum limit. That is, how many years you have worked, you can get how many months of salary you can be compensated. There are two main situations that apply:
(1) Where there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation, and the employer terminates the labor contract; Second, the employer is on the verge of bankruptcy and undergoing statutory rectification, or serious difficulties arise in its production and operation conditions, and it is necessary to reduce its personnel.
3. In addition to the economic compensation, the employer also pays medical compensation. Main application: The labor contract is terminated if the employee is sick or injured not due to work, and the labor appraisal committee confirms that he cannot perform the original job or the work arranged by the employer.
The employer shall pay severance equivalent to one month's salary for each full year of service in the employer, and shall also pay medical subsidies of not less than six months' salary. For those who are seriously ill and terminally ill, the medical subsidy should also be increased, and the increase in the serious illness shall not be less than 50 of the medical subsidy fee, and the increase in the terminal illness shall not be less than 100 of the medical subsidy fee.
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Is your file held by a company or by an archivist such as a job market?
It generally doesn't happen.
Shijiazhuang Liang lawyer is the legal counsel by your side.
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Don't be afraid, employers are paper tigers. The record of personnel files is not arbitrary for the archives management party, but must have a factual and legal basis.
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Specific issues can be arbitrated by the labor bureau, and the company must bear legal responsibility for writing false files.
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The so-called archives are: the archives are complete and there are "personnel relations". A simple student record is not a complete file.
If you need to establish a complete file, you can take your student registration materials, household registration book, and ID card to the labor bureau where your household registration is located to re-establish the file, and then the local labor bureau will establish the status of "worker".
If you think that the status of "worker" is not good, you can choose the status of "cadre". However, there are two conditions for handling the identity of cadres: 1
Graduated from technical secondary school or above; 2.You can apply for a "registration card" at the education commission where your household registration is located (this card is the key to the identity of the cadre).
Ask the local labor bureau for the details of the specific handling, it will not be too difficult (the identity of the cadre is very difficult).
Generally, there is no information about every job on the file, and only a formal state-owned enterprise unit will indicate it when archiving. If the file only writes the name of the company, not the content of the job, when you write your resume, you can slightly highlight your strengths, but it can't be too bad with the actual content, otherwise, the newly hired company will fire you at any time on the grounds of your deception, so it is better to seek truth from facts, even if it is changed, it is not too big, once you are admitted, you must cherish the job and work hard, so that it will be fine, I wish you luck!!
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