How to calculate the severance compensation for the termination of the labor contract due to the com

There are two types of situations in which the labor relationship with an employee is terminated due to reasons attributable to the company. One is to terminate the labor relationship with the employee in violation of the law, and need to pay compensation in accordance with the provisions of the Labor Contract Law on economic compensation. One is to comply with the relevant provisions of the Labor Contract Law, but due to the enterprise's own economic situation, the termination of the labor relationship with the employee is compensated.

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the workers, it may reduce the number of personnel after reporting the plan to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker'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.

Hello! Severance shall be paid according to the standard of one month's salary for each year of service (more than half a year and less than one year, and half a month's salary if less than half a year). The monthly salary is: the average of the person's salary in the last 12 months.

The severance payment is calculated on the basis of the total actual salary, and the monthly wage in the calculation of compensation in the Labor Contract Law refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract. 1. One month's salary will be compensated for each full year; 2. If it is more than six months but less than one year, it will be calculated as one year and compensated for one month's salary; 3. Less than six months.

The company proposed that the compensation for the termination of the labor relationship should be twice the economic compensation standard.

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. Severance shall be paid to the worker according to the number of years of service in the employer and two months' wages for each full year. Pursuant to Articles 46 and 87 of the Labor Contract Law of the People's Republic of China, if a company 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 this Law.

Benefits of an employment contract:

It protects the rights and interests of both parties. It can clarify the content and conditions of the work, and help both parties to clarify their respective responsibilities and obligations in the working relationship. It ensures that employees receive the pay and benefits they deserve.

Fourth, the establishment of liability for breach of contract can safeguard their legitimate rights and interests through legal means. Finally, the employment contract can also stipulate career development opportunities and training plans to help employees understand their career development opportunities and forelimb development scenarios. Labor contracts are of positive significance in building harmonious labor relations.

If an employee is forced to terminate the labor relationship, if the reason for the forced termination of the labor relationship is established, the employee can be required to pay the compensation for the employee's economic reappearance, and if the conditions for receiving unemployment insurance money are met, the employee can receive unemployment insurance money. Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China: If the employer has any of the following circumstances, the employee may terminate the labor contract:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. An unemployed person meets the conditions for unemployment under the Social Insurance Law:

1. The employer and the applicant have paid unemployment insurance premiums for one year before becoming unemployed; 2. Interruption of employment not due to the person's will; 3 Stalker has registered as unemployed and has a job search requirement. may apply for unemployment insurance benefits and enjoy other unemployment insurance benefits. Among them, the interruption of employment not due to the person's will includes the following situations:

1. The labor contract is terminated upon the expiration of the labor contract; 2. The employer is declared bankrupt and the labor contract is terminated in accordance with the law; 3. The employer has its business license revoked, ordered to close down, revoked, or the employer decides to dissolve or terminate the labor contract ahead of schedule; 4. The employer terminates the labor contract in accordance with Article 39 of the Labor Contract Law, i.e., the employer unilaterally terminates the labor contract; 5. If the employer terminates the labor contract in accordance with Article 40 of the Labor Contract Law, it shall be dismissed without fault; 6. If the labor contract is terminated by the employer in accordance with Article 41, it is an economic layoff; 7. The employer proposes to terminate the labor contract to the employee in accordance with Article 36 of the Labor Contract Law and terminates the labor contract through consultation with the employee; 8. The employer proposes to terminate the employment contract or is dismissed, removed or dismissed by the employer; 9. The employee terminates the labor contract in accordance with Article 38 of the Labor Contract Law; 10. Laws, regulations, and rules stipulate that they are in the right place.