How is the employee dismissal compensation calculated?

The standard of severance payment is 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; if it is less than six months, half a month's salary shall be paid; The maximum number of years for which severance is paid shall not exceed 12 years. The law stipulates that the worker is sick or injured not due to work, and cannot perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; If a worker is incompetent for the job and is still incompetent after training or job adjustment, he or she shall pay economic compensation. Legal basis:

Labor Contract Law of the People's Republic of China Article 47 Economic compensation 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.

You can ask him for three months' severance for the following reasons:

1. One month is in lieu of notice, and there is no one month's notice to terminate the labor contract with you;

2. Two months is the severance (according to the law, one month's salary should be compensated for working for more than 6 months, and the company's behavior is to terminate the labor contract illegally, so the severance should be doubled, that is, two months' severance should be paid).

Notify you 1 month in advance, if you have worked for half a year, you can pay 1 month's salary as economic compensation, and pay half a month's salary for less than half a year;

If you do not give 1 month's notice, you will need to pay 1 month's salary in lieu of notice.

You can be compensated for three months' basic salary, if you are dismissed without a suitable reason!

Hello, dear, I am asking the legal advice teacher, I am happy to answer for you! Article 47 of the Law of the People's Republic of China stipulates that the severance compensation shall be paid to the worker according to the standard of one month's wages for each full year of the employee's service in the unit, and if it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the severance shall be paid to the worker for half a month's wage, which refers to the average salary of the worker in the 12 months before the termination or termination of the labor contract. 1. According to Article 46 of the Labor Contract Law, if the employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.

2. Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach an agreement through consultation. Dear, I hope my reply to the rubber answer will be helpful to you, and I wish you a happy life! 

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

The Labor Contract Law stipulates that the calculation of severance shall be based on the standard of the number of years of service for the employee.

If the employer terminates the employment relationship with you (or dismisses or dismisses you) in three situations, which one of you should pay economic compensation or compensation but does not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests

1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you are not at fault as stipulated in Article 39 of the Labor Contract Law, and it can be determined that the employer's behavior is an illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid 2 months of economic compensation for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you one month's severance for each year of work. If you do not give 1 month's notice in advance, you should also pay 1 month's salary in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer terminates the labor relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.