Labor compensation calculation method, labor compensation calculation method

1. Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

2. 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;

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 a 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.

3. Article 47 Economic compensation shall be paid to the laborer at the rate 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.

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.

4. Article 97 Labor contracts that have been concluded in accordance with law before the implementation of this Law and that exist on the date of implementation of this Law shall continue to be performed; Paragraph 2, Paragraph 3 of Article 14 of this Law stipulates that the number of consecutive fixed-term labor contracts shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of this Law.

Where a labor relationship has been established before the implementation of this Law and a written labor contract has not yet been concluded, it shall be concluded within one month from the effective date of this Law.

Where a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with Article 46 of this Law, the period of economic compensation shall be calculated from the effective date of this Law; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.

In other words, the employer should pay you three months' salary as severance compensation.

Hello, the following represents a personal opinion only!

What you said is too general and not specific enough.

For example, have you entered into two fixed-term employment contracts with your company?

Since the information you provided is not perfect, I can't give you a specific answer, so I will give you two legal provisions for reference.

Labor Contract Law

Article 14 An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

There are several ways to calculate labor compensation:

1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year; if it is more than six months but less than one year, it will be counted as one year's grandchildren; If it is less than six months, the worker shall be paid half a month's salary.

2. 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 level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years;

3. Monthly wage refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the labor contract.

Labor Contract Law of the People's Republic of China

Article 46 [Economic Compensation] In 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;

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 a 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. Article 40 [Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] Where an employer dissolves or terminates a 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 it; 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.

Labor Law Compensation Calculation Method:

The employer terminates the labor contract in accordance with the law.

1. Negotiated termination of economic compensation = monthly salary for years of service (if the excess loss has been 12 years, it will be calculated as 12 years).

2. Economic compensation for dismissal due to illness or non-work-related injury = monthly salary for years of service + medical subsidy (not less than 6 months' salary, 50% for serious illness and 100% for terminal illness).

3. Incompetent termination severance = monthly salary for working years (more than 12 years, calculated as 12 years).

4. Objective change severance = working years and monthly salary.

5. Economic layoff severance compensation = working years and monthly salary.

6. Severance payment for over-the-top travel period = original severance + additional severance (50% of the original severance).

Compensation for non-payment of severance by the employerCompensation = Total amount of severance n=years of service Monthly salary (1+50%) n

Summary. Article 46 of the Labor Contract Law has detailed provisions on the application of labor economic compensation: 1

When an employee dissolves or terminates a labor contract on his or her own initiative, the employer is not required to pay severance in principle, except for the situation where the employee unilaterally terminates the labor contract in accordance with Article 38 of the Labor Contract Law. 2.When an employer dissolves or terminates a labor contract on its own initiative, it shall, in principle, pay severance compensation, unless the employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law. <>

Hello imitation combustion, the calculation method of labor compensation is: the standard of labor economic compensation is one month's salary for each year of work cheating. If the employee has worked for more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be compensated.

Salary here is generally based on the average salary for the 12 months prior to separation. <>

Article 46 of the Labor Contract Law has detailed provisions on the application of economic compensation for Lao Tan Haoqi: 1When an employee voluntarily dissolves or terminates a labor contract, the employer is not required to pay severance in principle, except for the situation where the employee unilaterally terminates the labor contract in accordance with Article 38 of the Labor Contract Law. 2.

When an employer takes the initiative to terminate or terminate a labor contract, it shall, in principle, pay severance compensation, except where the employer dismisses its socks in accordance with Article 39 of the Labor Contract Law. <>

Labor Law Compensation Calculation Method:

The employer terminates the labor contract in accordance with the law.

1. Negotiated termination of economic compensation = monthly salary for years of service (if the excess loss has been 12 years, it will be calculated as 12 years).

2. Economic compensation for dismissal due to illness or non-work-related injury = monthly salary for years of service + medical subsidy (not less than 6 months' salary, 50% for serious illness and 100% for terminal illness).

3. Incompetent termination severance = monthly salary for working years (more than 12 years, calculated as 12 years).

4. Objective change severance = working years and monthly salary.

5. Economic layoff severance compensation = working years and monthly salary.

6. Severance payment for over-the-top travel period = original severance + additional severance (50% of the original severance).

Compensation for non-payment of severance by the employerCompensation = Total amount of severance n=years of service Monthly salary (1+50%) n