Can the salary be settled if the person is removed, and how can the salary be settled if the person

If a worker is removed for serious violations of the rules and regulations of the employer, the wages shall also be settled.

The removal was due to the employee's violation of the Labor Contract Law of the People's Republic of China and the rules and regulations of the employer.

The employee's salary is the remuneration that the employer shall pay to the employee, and the employer shall pay the employee a settlement salary in accordance with the law when the employee is removed. If the employer fails to pay the employee's remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state, the employee may apply for labor arbitration to have the employer pay the wages to protect his or her legitimate interests.

Here are the legal requirements.

Labor Contract Law of the People's Republic of China

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

2) Seriously violating the rules and regulations of the employer;

Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing 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;

Whether it is a formal resignation, voluntary resignation or dismissal by the company, it is a termination of the labor contract and does not affect the settlement of wages. Wages are paid for the labor performed, and should be paid as long as the labor is actually paid. The settlement method is based on your average daily salary.

For details of the relevant provisions, please refer to the Labor Contract Law. In addition, in this case, you can claim compensation from the company for the termination of the contract.

It is possible under normal policy.

In the current Labor Contract Law, only female employees can take maternity leave, and there is no explicit provision that male employees can take paternity leave. Paid paternity leave for men is currently a legal blank. However, some local regulations have different provisions.

Under normal circumstances, the normal is 3 days, and if the wife is late in childbearing (24 years old at the time of birth), another 7 days will be awarded, for a total of 10 days.

Consult your local Labor and Social Security Bureau for specific advice.

As for your insistence on paternity for more than 10 days, you may have violated Article 39, Paragraph 2 of the Labor Contract Law, which states that "you seriously violate the rules and regulations of the employer; The employer terminated the labor contract. Of course, the monthly salary can only be paid after deducting the number of days of absenteeism.

The details of the settlement of the dismissal salary are as follows:

1. If the company dismisses an employee on the grounds that the employee has made a mistake, the employee can get a salary, which is calculated and paid according to the corresponding salary for the number of days of normal attendance;

2. If the economic loss of the employer is caused, the employer may claim compensation, and in this case, it shall determine whether the dismissal is legal and whether the employer needs to pay economic compensation or compensation according to the specific circumstances

1) Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit;

2) If it is more than six months but less than one year, it will be counted as one year;

3) If it is less than six months, the employee shall be paid half a month's salary as economic compensation;

4) If the monthly wage of the worker is three times higher than the average monthly wage of the employee in the previous year announced by Yu Meng at the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation to the employee shall be three times the average monthly wage of the employee, and the maximum period of payment of economic compensation to the employee shall not exceed 12 years;

5) If the unit unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standard.

Legal basisArticle 46 of the Labor Law of the People's Republic of China.

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 40 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.

Legal analysis: If the company forcibly dismisses you before the end of the same period, it shall compensate you with two months' wages per year according to your working years, and if your working years are more than two and a half years but less than three years, the company shall compensate you for six months' wages, and the salary base shall be calculated according to your average income in the previous 12 months. Therefore, the company should comply with the conditions of China's labor law, otherwise it should pay a certain amount of economic compensation.

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

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, 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 consultation.

Article 40 Severance compensation shall be paid to the laborer according to the number of years of service 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.

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.

Legal analysis: wages are still settled according to the normal wage, and the monthly wage is divided by the number of days worked as the daily wage. Calculate the actual number of flyovers worked by the employee in the last month and multiply it by the daily wage to get the last month's salary.

According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to a malfunctioning labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Legal basis: Interim Provisions on Payment of Wages

Article 9 When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

Wages are still settled on the basis of normal wages, and the monthly wage is divided by the number of days worked as the daily wage. Calculate the number of days an employee actually worked in the last month, multiplied by the daily wage, to get the last month's salary. 1. The Measures for Economic Compensation for Violation and Termination of Labor Contracts stipulate that an employer shall pay economic compensation under the following circumstances of terminating a labor contract in accordance with the law.

1.If the parties to the labor contract have reached a consensus through consultation, the employer shall terminate the labor contract according to the number of years of service, and pay the equivalent of one month's salary for each full year of service, and if the number of years of service is more than 6 months but less than one year, it shall be paid according to the standard of one year, and if the number of years of service is less than 6 months, it shall be calculated as half a year; If the working experience exceeds 12 years, it will be calculated as 12 years. Formula for severance for the termination of the labor contract through negotiation:

Severance = years of service Monthly salary (monthly salary refers to the average rent of the employee in the 12 months before the termination or termination of the labor contract).

2.If a worker is sick or injured not due to work, and after the expiration of the medical treatment period, he or she is unable to engage in the original job or the work arranged by the employer, he or she shall be paid a salary equivalent to one month for each full year according to the number of years of service, and one year for less than one year; The formula of severance payment for termination of labor contract due to illness or non-work-related injury: severance = number of years of service Monthly salary + medical subsidy (medical subsidy not less than 6 months' salary) 3

Workers who are incompetent for the job, who are still incompetent for the job after training or job adjustment, shall be paid a salary equivalent to one month for each full year of service, and for less than one year, according to the standard of one year, and not more than 12 months. The formula of severance payment for the termination of the labor contract due to the employee's incompetence for the job: severance = working years Monthly salary (if the working experience exceeds 12 years, it will be calculated as 12 years) 4

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 are unable to reach an agreement on changing the labor contract through negotiation, the equivalent of one month's salary shall be paid according to the number of years of service, and the standard of one year shall be paid for less than one year. The formula of severance payment for termination of labor contract due to major changes in objective circumstances: severance = working years and monthly salary 5

In the case of economic layoffs, the equivalent of one month's salary shall be paid for each full year of service, and for those less than one year, the salary shall be paid according to the standard of one year. 6.Calculation of the employer's overdue severance compensation = original severance + additional severance (additional severance = 50% of the original severance payment).

7.Compensation for non-payment of severance by the employer = Sum of severance n=Monthly salary (1+50%) n

Legal basis: According to Article 9 of the Interim Provisions on Payment of Wages, when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

It is the right of an employee to leave after being dismissed from an employer for a period of time, and only after settling the wages earned by his or her labor can he leave. However, most enterprises settle wages on a monthly or annual basis, and workers usually do not leave the employer in a hurry to pay wages, which involves a question: how to settle wages after being fired?

1. How to settle wages if you are fired?

1. "Dismissing" an employee is the termination of the labor contract according to the current law.

2. When an employee resigns, the employer shall settle the employee's salary.

3. The employer may require the employer to compensate for the economic losses caused to the employer in accordance with the provisions of the labor contract, subject to certain restrictions.

2. The legal basis for dismissal and settlement of wages.

Article 16 of the Interim Provisions on Payment of Wages stipulates that if an employee causes economic losses to the employer due to his or her own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary. However, the monthly deduction shall not exceed 20% of the employee's salary for that month.

If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage. Therefore, if the employer and the employee have agreed on the employee's liability in the employment contract, the employer may claim compensation from the employee in accordance with the agreement.

If the employer and the employee do not stipulate the employee's liability in the employment contract, and the employee has caused economic losses to the employer, the laws and regulations do not clearly stipulate whether the employer can claim compensation for the employee's endurance. In this case, the employer cannot claim compensation from the employee. The reason for the oak is:

The relationship between the worker and the employer is an employment relationship, not a relationship of civil rights and obligations, and the principle of imputation of liability under the civil law does not apply;

Except for the two circumstances stipulated in the Labor Contract Law, whether the employer has the right to claim compensation from the employee depends on the agreement between the two parties, and if there is no agreement, it shall be deemed that the employer has waived the right.

In China, the legislator's original intention was to restrict the employer's right to claim compensation from the employee.

The details of the settlement of the dismissal salary are as follows:

1. If the company dismisses an employee on the grounds that the employee has made a mistake, the employee can get a salary, which is calculated and paid according to the corresponding salary for the number of days of normal attendance;

2. If the economic loss of the employer is caused, the employer may claim compensation, and in this case, it shall determine whether the dismissal is legal and whether the employer needs to pay economic compensation or compensation according to the specific circumstances

1) Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit;

2) If it is more than six months but less than one year, it will be counted as one year;

3) If it is less than six months, the employee shall be paid half a month's salary as economic compensation;

4) If the monthly wage of the worker is three times higher than the average monthly wage of the employee in the previous year announced by the municipal people** of the municipality directly under the Central Government or the Yumeng District where the employer is located, the standard of economic compensation shall be paid to him at the amount of three times the average monthly salary of the employee, and the maximum period of economic compensation shall not exceed 12 years;

5) If the unit does not have a legitimate reason to dismiss the bridge party, it needs to pay double the compensation according to the above standards.

Legal basis: Article 46 of the Labor Law of the People's Republic of China.

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 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.