If the employment contract is not expired, how much compensation is required Compensation 15

I don't know the law But last year, we paid n+1 for layoffs, n is your working years, less than half a year will be counted as half a year, and according to your situation, we will pay 3 months. If you sign the contract in March '07, it's 4 months.

The others are waiting for others to come...

3 months and 6 months are not right. It was 5 months.

The compensation is based on the premise of "illegal" termination, and the calculation of the number of years is calculated on the basis of "the date of employment", and the penalty is twice as much. The date of employment is March 1, 07, and it is counted from that date to October 31, 09. A total of 2 years and 8 months, according to the calculation method of Article 47 of the Labor Contract Law (i.e., 1 month for one year of work, 1 month for half a year to one year, and half a month for less than half a year) multiplied by 2 times, your compensation is months x 2 times = 5 months.

Severance payments are applicable to several types of "lawful" rescissions or terminations, which are expressly provided for in Article 46 of the Employment Contract Law. In accordance with the provisions of Article 97 of the Labor Contract Law, the principle of segmented calculation is implemented for the calculation of the number of years, with January 1, 08 as the cut-off point, and the old law shall be used before and the new law shall be used after that. The calculation method of the working years after 08 years is shown in Article 47 of the Labor Contract Law (that is, one month for one year of work, one month for half a year to one year, and half a month for less than half a year) and before 08 years, less than one year of work (even if it is only one day) is also counted as one year.

1. What is the compensation standard for dismissal before the expiration of the labor contract?

Except for the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to pay severance in other circumstances, and the compensation method is different according to the reason for termination.

1. If both parties agree to terminate the contract through consultation, the 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. 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. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

2. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards.

Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of 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 after being proposed by the employer;

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.

Article 47 Compensation for economic rent loss 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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

2. How does the latest "Labor Law" regulate and determine how to compensate for the failure to renew the contract upon expiration?

If the contract expires and the unit does not renew it, or if the contract is reduced and the contract is not renewed, the unit may be required to pay compensation according to the number of years of service, and one month's salary for each year of service, and the average salary of the 12 months before resignation shall be used as the compensation standard.

1. Legal dismissal before the contract expires According to China's legislation, if the employee has any of the circumstances specified in Article 39 of the Labor Contract Law, the employer has the right to terminate the contract in advance without paying any severance or prior notice if the contract has not expired. These legal dismissal situations mainly include: "(1) Those who are proved to be ineligible for employment during the probationary period; 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 a labor relationship with another employer at the same time, which seriously affects 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.

In addition, under the circumstances specified in Article 46, an employee may also be dismissed as long as the employer gives 30 days' written notice or pays an additional month's salary. Of course, if you face economic layoffs by the company, it is inevitable that the contract will be terminated before the expiration of the contract, but even so, the employee is still entitled to a certain amount of financial compensation. 2. Illegal dismissal before the contract expires If there are no circumstances listed above, the employer dismisses the employee without any reason, it is an illegal dismissal

1.If the employer dismisses the employee without cause and does not pay any economic compensation, it may be determined that the employer's behavior falls under the circumstances of "illegal termination of the labor contract" as stipulated in Article 87 of the Labor Contract Law, and it shall pay twice the amount of compensation, that is, you will be paid 2 months' salary for each year of service; 2.If the employee meets the requirements of Article 46 of the Labor Contract Law, he or she can receive the corresponding economic compensation in accordance with the compensation standard of Article 47, that is, one month of seniority compensation for each year of service.

Of course, when the contract has not expired and the employee is dismissed, the employee can choose to file a complaint with the relevant labor department or directly apply for arbitration if the negotiation with the employer fails. When the contract expires, the employee shall be legally dismissed as long as the employer gives 30 days' written notice or pays an additional month's salary. If the contract has not expired and the employee is illegally dismissed, the employee shall receive the corresponding compensation.

To sum up, there are two reasons for dismissal before the expiration of the employment contract, one is legal dismissal and the other is illegal dismissal. In the case of legal dismissal, the employer should notify the employee 30 days in advance, otherwise it will have to pay a certain amount of "wages in lieu of notice", and if the employee is illegally dismissed, the employee can apply for labor arbitration and sue the employer to protect his rights and interests.