Labor Law Compensation, Labor Law Compensation Standards

The employer dismisses or terminates the labor contract, except in special circumstances (such as serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been investigated for criminal responsibility in accordance with the law, etc.), of course, there should be economic compensation or compensation. If the provisions of the Labor Contract Law and the Labor Contract are complied with, the employer shall pay economic compensation to the employee in accordance with Article 1 of the Labor Contract Law. If the Labor Contract Law and the provisions of the Labor Contract are violated, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law.

If the employer fails to give 30 days' written notice to the employee, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. The employer shall also provide you with a certificate of termination of the employment contract as stipulated in Article 50 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the time of payment of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, the employer may be required to implement Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract and Article 85 of the Labor Contract Law.

According to Article 82 of the Labor Contract Law and Article 6 of the Implementing Regulations, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the salary and sign a labor contract. The starting time for paying double wages here is from the day after the expiration of one month from the date of employment to the day before the contract is resigned, which means that you only have a one-month period (the probation period is part of the term of the labor contract), and the double salary includes the wages payable, so if the company does not sign a labor contract, you can only get one month's salary compensation.

As for the issue of dismissal, the employer can only terminate the labor contract with unilateral notice (one month in advance or an additional month's salary) under three statutory circumstances, if these three conditions are not met at this time, then the employer is illegally terminating the labor contract, and at this time it can claim economic compensation, because you have worked for less than six months, you can only get half a month's salary. , so that you can fully understand what I mean. A search of these on the Internet will give you the full text.

Take your certificate of employment, pay stub and go to the labor bureau for arbitration.

Legal analysis: If both parties agree to terminate the contract through consultation, the economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit and the standard of 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 unit unilaterally dismisses without justifiable and legitimate reasons, it needs to pay double the compensation according to the above standard.

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

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements 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 harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for 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 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

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 provided for in Article 47 of this Law.