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1. Economic compensation is calculated for nine years and nine months of service.
is calculated as a decade.
2. According to the Labor Contract 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" as used in this article refers to the termination of the employee's employment contract.
or the average salary for the twelve months prior to termination.
Extended Materials. 1. Seniority wages for employees.
The setting criteria:
1. The monthly seniority salary of employees who have worked in the company for one year is 50 yuan.
2. The monthly seniority salary of employees who have worked in the company for two consecutive years is 100 yuan.
3. The monthly seniority salary of employees who have worked in the company for three consecutive years is 150 yuan.
4. The monthly seniority salary of employees who have worked in the company for four consecutive years is 180 yuan.
5. And so on, for each additional year of work in the company, the monthly seniority salary will increase by 30 yuan. A total of 10 years capped.
6. If the employee takes leave for more than 15 consecutive days or takes leave for more than 30 days in a year, the length of service shall be cancelled according to the treatment of the new employee and the length of service shall be recalculated (except for those specially approved by the general manager).
7. If the employee resigns and then reinstated, the original length of service is cancelled, and the length of service is recalculated according to the new entry time.
8. The length of service is not calculated during the probationary period.
2. Calculation method of employee seniority salary (example):
For example, if an employee joined the company in November 2009, then the employee should start to enjoy the company's seniority salary of 50 yuan per month in December 2010, 100 yuan per month in December 2011, 150 yuan per month in December 2012, 180 yuan per month in December 2013, and so on, and then increase by 30 yuan per month for each additional year of work in the company.
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It must be in accordance with ten years, and the length of service is rolled up.
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Summary. The compensation is 1 month for every 1 year, and half for less than 6 months, so the company will be compensated for 9 and a half years of service for 9 and a half years.
The compensation is 1 month for every 1 year, and half for less than 6 months, so the company will be compensated for 9 and a half years of service for 9 and a half years.
More than 9 and a half years, less than 10 years.
That's nine and a half months to compensate, because every full year is a month.
Is the compensation based on pre-tax wages or after-tax wages?
Article 47 of the Labor Contract Law stipulates that severance compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's wages for each full year. If you still have any questions, you can ask me, and I will answer them for you.
Why is it so slow when compensating according to the salary payable (including provident fund, pension insurance, etc.) or the actual salary?
Hello, I just got stuck on the network here, and now I'm answering this question for you.
Hello, the compensation is according to the salary due in the contract (including provident fund, pension insurance, etc.).
What if you bargain with me for compensation? If I don't agree, how to use the law**.
If you disagree with you in the compensation, you can go to the labor bureau to file a complaint against the company and ask the other party to pay the actual amount.
If the company closes down without prior notice, will there be compensation at that time?
After the bankruptcy of the company's Friendly Oak, the employees were compensated, mainly the compensation for the termination of the labor and fuel bridge contract. Other arrears of wages and social insurance premiums shall be cashed out and paid in retroactive terms, and social insurance shall be mainly based on pension insurance. The bankruptcy liquidation of the company is based on the first order of cashing in arrears of wages and paying back social security premiums, the second order is to pay off debts, and the third order is to pay off bank loans.
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The length of service of employees before and after the restructuring should be calculated consecutively. However, if the original employer has already paid severance to the employee, the new employer shall not count the number of years of service of the employee in the original employer when calculating the number of years of service for which severance was paid when dissolving or terminating the labor contract in accordance with the law.
Article 10 of the Regulations for the Implementation of the Labor Contract Law provides that if an employee is assigned to work in a new employer from the original employer for reasons other than his/her own, the employee's years of service with the original employer shall be counted as the number of years of service of the new employer. If the original employer has already paid severance to the employee, the new employer shall not count the employee's working years with the original employer when calculating the number of years of service for which severance is paid when the labor contract is terminated or terminated in accordance with the law.
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Legal analysis: If the company is dismissed after four years of service, then 8 months' wages must be compensated, and if the following circumstances are met, then 4 months' wages must be compensated: 1. Serious difficulties in the production and operation of the enterprise, or the transformation of the enterprise, major technological innovation or adjustment of the mode of operation, the need to cut personnel after changing the labor contract, or the occurrence of major changes in the objective economic situation on which the labor contract is based has occurredIf the labor contract cannot be performed, the employer shall pay severance to the employee; 2. If the worker is incompetent for the job and is still incompetent after training or job adjustment, the employer shall pay the worker economic compensation; 3. If the worker is sick or injured not due to work, and is unable to perform the job of the former job or the work arranged by the employer within the prescribed medical treatment period, the employer shall pay the employee severance payment.
legal basis; Article 87 of the Labor Contract Law of the People's Republic of China provides that 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 this Law.
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