Legal issues regarding severance compensation, is there compensation for severance legal knowledge

Double salary, one month's financial compensation, pension and medical insurance supplements or compensation.

These demands are reasonable requirements stipulated by law and will be upheld by the Labor Arbitration Commission.

If the employment contract is terminated by mutual agreement, the other party needs to pay one month's salary as economic compensation; If the other party terminates the employment contract illegally (i.e., without reason), then double severance needs to be paid. With regard to labor contracts, the law stipulates that a labor contract must be signed within one month of employment, and if it is not signed for more than one month to one year, double wages will be paid.

If the social security is not bought, the labor administrative department shall order it to be paid within a time limit, and if it is not paid within the time limit, a late fee shall be paid.

If you can provide proof of the above facts, it is no problem to go through the normal procedure to win.

Expenses to be compensated by the employer:

Compensation of double wages per month. The Labor Contract Law stipulates that the employer shall sign a written employment contract with the employee from the date of employment, so from the second month, it can claim double wages.

2. Pay the cost of social security. Social security is a mandatory obligation of the employer and must be paid for the employee, and the social security is calculated according to the actual salary of the employee, but it is generally calculated according to the minimum coefficient.

Precautions for Labor Arbitration:

1. First of all, you must prove that you have an employment relationship with the employer, such as work clothes, work permits, etc., and 2 witnesses can testify.

2. Or you can prove the existence of an employment relationship between you by means of ** recording, etc.

Legal Analysis: There is no compensation for normal resignation, and compensation can only be paid if one of the following circumstances occurs: If the Labor Contract Law of the People's Republic of China falls under any of the following circumstances, the employer shall pay economic compensation to the employee:

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) 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) Terminating 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.

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

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 labor contract is terminated 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 the renewal, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

(6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Circumstances where laws and administrative regulations provide for their positive and lenient appearances.

1) The employer terminates the labor contract in violation of the law;

2) The employer terminates the labor contract upon the consensus of the parties to the labor contract;

3) The employer terminates the de facto employment relationship in advance;

4) The employer compels labor by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

5) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

6) The employer refuses to pay overtime wages or pays wages to employees lower than the local minimum wage standard;

7) The labor contract is terminated due to illness or non-work-related injury, and the labor appraisal committee confirms that the employee is unable to perform the original job or the work arranged by the employer;

8) The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment;

9) The employer terminates the labor contract if 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;

10) The labor contract is terminated during the period when the employer is on the verge of bankruptcy and undergoing statutory rectification, or when serious difficulties arise in the production and operation situation, and the labor contract must be reduced;

11) The employer goes bankrupt or dissolves during the term of the labor contract;

12) When the labor contract is terminated, the local government has special regulations that require the payment of economic compensation.

After the employee submits the resignation application in accordance with the regulations, the labor unit must pay the labor compensation in accordance with the relevant regulations, and the employee must settle the expenses in a lump sum after the employee goes through the resignation procedures.

According to the number of years of service of the worker, one month's salary shall be paid to the worker 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 economic compensation for the work shirt and tovel. The maximum period for which economic compensation may be paid shall not exceed 12 years.

The term "monthly wage" refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

1. Calculate the number of years of service in the economic compensation.

The number of years an employee has worked for the employer shall be counted from the date on which the worker provides labor to the employer. If the employer and the employee fail to sign the labor contract in time due to various reasons, it will not affect the calculation of the number of years of service. If an employee provides labor for the same employer consecutively, but has signed several labor contracts successively, the length of service shall be counted consecutively from the date on which the employee provides labor.

2. Calculation criteria.

The calculation standard of severance compensation is as follows: severance compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer. 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.

3. Calculate the cardinality.

When calculating severance compensation, one month's salary is paid for one year of service. In the process of formulating the Labor Contract Law, the monthly wage of the employee is the monthly wage of the employee himself, the average monthly wage of the employees of the enterprise or the average monthly wage of the local area, the monthly wage is discussed and studied, and the monthly wage is finally stipulated to refer to the average salary of the employee in the 12 months before the termination or termination of the labor contract.

Legal basis: Calculation of economic compensation under Article 47 of the Labor Contract Law.

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year.

If it is more than six months but less than one year, the foot collapse tour shall be 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.

Otherwise, it violates the provisions of Article 10 of the Labor Contract Law and infringes upon the legitimate rights and interests of the employee, and the employee shall bear the legal responsibility of paying twice the wages stipulated in Article 82, which shall be calculated from the day after the completion of one month of work, but shall not exceed 11 months.

Social insurance is a type of compulsory national insurance, and any unit or individual that has established labor relations must participate in it. Article 72 of the Labor Law clearly stipulates this. Article 17, Paragraph 7 of the Labor Contract Law also makes social insurance a necessary clause of the labor contract, which shows that the state attaches great importance to social insurance.

Therefore, the practice of failing to pay social insurance on time and in full is also illegal and should be paid in retroactive terms.

Although no labor contract has been signed, it does not affect the formation of a de facto employment relationship.

The de facto labor relationship can be terminated at any time, and the employer has the right to demand that the employer pay twice the salary of the unsigned labor contract and make up the outstanding social insurance premiums.

It is a labor dispute and can be resolved by applying for labor arbitration.

1. If the labor relationship has been established for more than one month and the employee is not signed with the employee, the employee may claim compensation of double wages from the employer in accordance with Article 82 of the Labor Contract Law.

2. The employer fails to provide social security to the employee and claims to make up the payment according to law.

3. Bring evidence **12333, understand the place of jurisdiction and the address of the arbitral tribunal, and go to the processing window to submit information.

There is generally no compensation for voluntary separation.

One. Whether there is a contract or not, and if there is no contract, you can apply for double compensation.

Second, if you do not pay social security, you can sue for handling.

Third, it depends on the company's situation, and some of you will be compensated if you leave but you need to communicate.

Finally, it is necessary to solve the problem through formal channels.

Apply for supplementary payment of social security, supplementary payment of individual income tax, and apply for compensation.

Classification: Stage 3.

Categorical judgment: the parties are bystanders; The act of judging that the parties have the attitude to resolve the rules is to occupy space.

The answer is: Skynet is magnificent but not leaky; It's not that the time has not come.

The newspaper has closed its eyes to ignorance; Fish in muddy waters; Two slippers.

To appease and inform Ann that the shadow heart is ignorant; Enjoy yourself; Occupy the place.

Stratagem cover-up is waste; Entertain yourself, who cares about life and death.

It is a debt of iniquity to take the weak against the strong; There is no sovereignty in the world.

People are beautiful, good-hearted, and ugly, and people are self-inflicted; Heaven does not deceive people's hearts, and there is their own amount.

I'll tell you when I'm crossed.

Not angry, not angry. If you're not mine, you're here to complain.

I'm sorry if you're complaining, but your submission violates the Ask a Question policy.

Don't worry if I'm right or not; As long as you think mine is okay, give it to me.

If you're a man, please ignore what I said.

You can look at the Labor Code

If the contract has not expired and the employee voluntarily resigns, there is no severance payment.

If the contract has not expired and the unit proposes to dismiss, it shall pay economic compensation.

If the contract expires and the employer proposes to maintain or improve the treatment, but the employee does not renew the contract, no severance shall be paid. Otherwise, severance payments are required.

Supplement: The employer has signed a compensation agreement with you, and shall pay you economic compensation according to the amount of the compensation agreement. A branch office is part of the head office. You can ask the head office to pay compensation.