Labor law, how to provide for compensation. 15

I understand: salary, nursing care expenses.

Just take your time here.

It's a work-related injury, and you should have all of that.

Statutory severance provisions for layoffs in enterprises.

1. Article 40 of the Labor Contract Law of the People's Republic of China.

3) Stipulates: "Where there is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes 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." ”

2. Article 46 of the Labor Contract Law of the People's Republic of China stipulates that: "If an employer terminates a labor contract in accordance with the provisions of Article 40 of this Law, the employer shall pay severance to the employee. ”

3. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that "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.

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. ”

According to the above provisions, the calculation of severance compensation for individual layoffs is equivalent to that of large-scale layoffs: one month's advance notice plus the number of years of service multiplied by the average monthly salary, of which there are upper limits on the average monthly salary and the number of years of service.

3. The basis for calculating the economic compensation for layoffs agreed between the enterprise and the employees.

If the enterprise does not meet the statutory conditions for layoffs or fails to perform the statutory layoff procedures, it needs to terminate the labor contract through consultation with the employees. The calculation method or amount of severance compensation shall be determined by the employer and the employee through negotiation. The main factors to be considered in determining the economic compensation plan through negotiation between the two parties are:

1. The calculation method of severance compensation for layoffs stipulated by law is the most important reference basis;

2. For fixed-term labor contracts that have not expired, the remaining term of the labor contract is an important consideration;

3. For employees who are injured due to work, during medical treatment, during pregnancy, maternity and lactation, the law prohibits layoffs in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, and shall be extremely cautious in adopting a consensus approach, or give additional economic compensation;

4. For workers who sign indefinite term labor contracts, the economic compensation plan shall be determined based on the nature of the worker's work, income level, and difficulty in finding new job opportunities;

5. For workers who have violated the company's rules and regulations or are in the labor dispute procedure, the compensation ratio shall be reasonably determined based on the seriousness of the violation of the rules and regulations and the chances of both parties in the labor dispute;

6. For workers whose wage level exceeds three times the average monthly wage of employees in the region in the previous year, the difference between the actual wage and the upper limit of the statutory wage shall be considered during the negotiation;

7. For employees who have signed a non-compete agreement with the company, the non-compete compensation plan and the economic compensation for layoffs need to be comprehensively considered.

Article 95: Where an employer violates the provisions of this Law on the protection of female employees and juvenile workers and infringes upon their lawful rights and interests, the labor administrative department shall order corrections and impose a fine; Where harm is caused to female employees or juvenile workers, they shall be liable for compensation. Article 97 A worker shall be liable for compensation for a contract concluded invalid due to reasons attributable to the employer and causing damage to the worker. Article 98 Where an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.

Article 99 Where an employer recruits a worker whose labor contract has not yet been terminated and causes economic losses to the original employer, the employer shall be jointly and severally liable for compensation in accordance with law.

Legal Analysis: The circumstances under which employees are compensated in the labor law are:

1. If the labor contract is terminated by the consensus of the parties to the labor contract, economic compensation shall be given.

2. If the employer notifies the employee to terminate the labor contract 30 days in advance due to the following reasons, it shall give economic compensation: (1) the employee is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the employer; (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 original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

3. If the employer lays off its employees during the period when it is on the verge of bankruptcy and undergoing statutory rectification or serious difficulties occur in its production and operation conditions, it shall be given economic compensation.

4. If the employer infringes upon the legitimate rights and interests of the employee, it shall give the employee economic compensation.

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

Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.

Article 91 Where an employer infringes upon the lawful rights and interests of a worker in any of the following circumstances, the labor administrative department shall order it to pay the worker's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

The provisions of the Labor Contract Law on compensation: if the dissolution or termination of the labor contract falls under one of the circumstances specified in Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the employee; Economic compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid for each full year; Other.

Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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 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; Except where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, Qi Pai terminates the fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.