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You'll have to ask the company!
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No, there is a special bankruptcy law that stipulates that if the company goes bankrupt, it will first pay the bankruptcy-related expenses, and then give the workers social security and other reasonable settlement expenses, and then liquidate the debts.
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If the contract is terminated in accordance with Articles 40 and 41 of the Labor Contract Law, the employee shall be paid one month's salary and economic compensation for each year according to the number of years of service in the employer, and shall be paid on the basis of one year if it is half a year but less than one year, and half a year if it is less than half a year. Among them, if the contract is terminated in accordance with Article 40 of the Labor Contract Law, it shall also give 30 days' written notice in advance or pay an additional month's salary in lieu of notice.
The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.
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Large companies have a lot of legal experts behind the scenes.
It is advisable to immediately entrust a senior legal worker to negotiate with them. Or file a lawsuit directly.
Because listed companies with lawsuits are required to disclose information.
The specific amount of compensation for your losses depends on how the contract stipulates. Payment of financial compensation. One month's salary for each year of work.
Pay the social pension in full, work-related injury insurance, unemployment insurance, medical insurance, and housing provident fund for you.
Wishing you success.
Law scholar Li Jingmin is happy to be your loyal friend.
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Of course, compensation should be paid, and at least labor compensation should be paid.
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One month's salary is compensated for each year, and the local average salary of the previous year.
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If an employee is dismissed by the company, compensation shall be made according to the following standards:
1.Article 47 of the Labor Contract Law of the People's Republic of China:
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. 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.
2.The company does not need compensation or compensation for the dismissal of an employee in 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.
3.If the termination of the contract by the employer does not fall under the circumstances under which the employer can terminate the contract as stipulated in the Labor Contract Law: it is an illegal termination of the labor contract by the company, and the employer can claim economic compensation, which is extremely double.
If the employee is dismissed by the company, if the company illegally terminates the labor contract, the employee shall be compensated at twice the standard of economic compensation.
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