I joined the company in February 05, and now the company s economy is bad and I want to lay off peop

This is called economic layoff, and the compensation for you is stipulated as follows, according to the regulations, you should be able to pay back 7 months.

First, see if you fall into the range of employees who can be laid off. According to the Labor Law, there are four categories of subjects who are not allowed to lay off employees, including those who suffer from occupational diseases or work-related injuries and are confirmed to have lost or partially lost their ability to work; Sick or injured within the prescribed period of medical treatment; Female employees are pregnant, giving birth, or breastfeeding; Other circumstances stipulated by laws and regulations. If you fall into one of these categories, you should not be included in the redundancy list.

Second, the company should give 30 days' notice to the retrenched employee, and if it does not give notice, it will pay an additional month's salary in lieu of the advance notice period.

Third, you have the right to be hired by the old employer first. If you haven't found a job for half a year after being laid off, or you already have a job but you're not satisfied. At this time, you find that the old unit (your unit that has been laid off) is recruiting again, and you can re-apply for the job, and the unit has the obligation to hire you first.

Of course, the employment contract has to be re-signed.

Fourth, receive economic compensation in accordance with the law. The calculation of severance shall be based on the average salary income of the layoff employee in the 12 months preceding the layoff. Salary income here includes basic salary, bonuses, allowances, etc., rather than just basic salary.

If the average wage income in the previous 12 months is lower than the minimum wage of employees in this city, it shall be calculated according to the minimum wage standard of employees in this city. The duration of compensation is determined according to the number of years the worker has worked in the employer, and for each full year, he will receive one month's salary compensation. If it is 6 months but less than 1 year, it will be counted as one year.

Issues that should be paid attention to in the process of layoffs.

Hello: If the employer is unable to perform the labor contract due to major circumstances such as poor management, the labor contract can be terminated if the negotiation fails. There are two pieces that should be paid by the unit:

1. Severance and monthly salary. (More than 7 years of work, less than 7 and a half years.) ）

2. Payment in lieu of notice, 1 month's salary. (If the employer terminates the contract with one month's notice, there is no such compensation).

Salary for one month a year.

Zongheng Legal Network-Henan Yinglun Law Firm-Zhang Weimin.

Compensation can be obtained in the following ways:

1. The severance for the termination of the labor contract is 10,000 yuan, 2 months' salary, and the working experience is 1 and a half years.

2. If there is no 30-day notice, one month's salary will be paid.

3. If there is no supplementary insurance, you need to pay social security.

4. The unexpired period is not supported by law. Relevant legal provisions: Article 40 In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The laborer is incompetent for the job, and after training or job adjustment, he is still incompetent for the job;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making 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. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with Article 3 and Article 16 of this Law, and the labor contract is terminated through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of 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;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of 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. 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.

If the company is in arrears of wages under normal business conditions, you can resign and receive severance in accordance with the provisions of the Labor Contract Law.

If the company has fulfilled the solicitation procedure in accordance with the Supplementary Provisions on Issues Concerning the Interim Provisions on Wage Payment issued by the Ministry of Labor, it is a joint activity under special circumstances, and you will not receive severance when you voluntarily resign.

Provisions on wage arrears in the Supplementary Provisions on Issues Concerning the Interim Provisions on the Payment of Wages issued by the Ministry of Labor:

The term "unjustified arrears" as mentioned in Article 18 of the Provisions refers to the employer's failure to pay the employee's wages beyond the prescribed salary payment time without justifiable reasons. It does not include: (1) the employer is unable to pay wages on time due to natural disasters, wars and other reasons that are beyond human resistance; (2) If an employer is truly affected by production and operation difficulties and capital turnover, it may, with the consent of the labor union of the employer, temporarily postpone the payment of wages to the employee, and the maximum limit of the extension period may be determined by the labor administrative department of each province, autonomous region or municipality directly under the Central Government in accordance with the local situation.

In all other cases, wage arrears are unjustified.

The company is now in trouble and is in arrears of wages, but there is no compensation if you want to resign yourself.

99% chance of winning.

Regulations for the Implementation of the Labor Contract Law

Article 19 Under any of the following circumstances, the employer may terminate a fixed-term labor contract, an indefinite-term labor contract, or a labor contract with a term of completion of a certain work task with the employee in accordance with the conditions and procedures stipulated in the Labor Contract Law:

1) The employer and the employee reach an agreement through consultation;

2) The worker is proved to be ineligible for employment during the probationary period;

3) The worker seriously violates the rules and regulations of the employer;

4) The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

5) 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 upon the employer's request;

6) The worker uses fraud, coercion or taking advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions;

7) The worker is investigated for criminal responsibility in accordance with law;

8) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;

10) There is a major change in the objective circumstances on which the labor contract was concluded, making 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;

11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;

12) The employer has serious difficulties in production and operation;

13) Where an enterprise still needs to lay off personnel after changing its labor contract, or after changing its labor contract, it is necessary to reduce its personnel;

14) 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.

Labor Contract Law

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.

According to the provisions of the Labor Contract Law, the employee is incompetent for the job, and is still incompetent for the job after training or job adjustment; The employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional one month's salary. The employer needs to meet three conditions to terminate the labor contract on the grounds of incompetence: the employee is proved to be incompetent for the job; 2.

After the worker is incompetent for the job, the employer shall provide training or adjust the position for the worker; 3.After that, he was still incompetent for his job.

Otherwise, it is an illegal dismissal, and twice the severance is required, i.e. 9 months' salary.

It is recommended that you apply for labor arbitration, and you can get n+2 financial compensation, n=4!

Let's take two months' salary and leave! There is no need to apply for arbitration. Our company is also going to lay off people, and at the beginning, it told us that it wanted us to leave by ourselves. As a result, someone did not go and wanted compensation from the company. The company called the people who didn't leave to take the exam, and the result was that they couldn't pass ......

Arbitration is not upheld if there is a valid reason.

Obediently take two months' salary and flash people, and find another place. Even if you can win the labor arbitration, you will still be working hard and losing money before the labor arbitration.

2. Legal basis:

1) Labor Dispute Mediation and Arbitration Law Article 9 [Labor Inspection] If an employer violates state regulations by defaulting on or failing to pay labor remuneration in full, or defaulting on medical expenses, economic compensation or compensation for work-related injuries, the worker may file a complaint with the labor administrative department, which shall deal with it in accordance with the law.

2) Article 17 of the Regulations on the Supervision of Labor and Social Security: The investigation of violations of labor security laws, regulations or rules by the administrative department of labor security shall be completed within 60 working days from the date of filing the case; For complicated situations, it may be extended by 30 working days with the approval of the person in charge of the Huaikuan labor and social security administrative department.

The answer is: n+1

8 years + 1 year = 9 years) can be compensated for 9 months' salary.