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Anonymous users2024-02-122020 is an extraordinary year, due to the epidemic, many enterprises are facing difficulties in capital turnover or the dilemma of imminent closure. In order to maintain the normal operation of the company, some companies will choose to lay off employees. So, when we are notified of layoffs, what can we do to get more compensation?
Here are a few points summarized for you.
One: Calm and refuse.
Most people will find it difficult to accept that they will cry and make trouble after knowing that they have been laid off by the company, but in fact, this kind of behavior is very detrimental to themselves. In the face of the company's sudden decision, we must respond calmly and think calmly. Say you don't accept the decision to lay off employees, and if the company is adamant, you can accept negotiations.
2. Refuse to sign, and pay the salary.
Nowadays, everyone in the workplace can face a layoff one day. However, layoffs are divided into legal layoffs and non-legal layoffs, legal layoffs are the company has the initiative and fights for it, while non-legal layoffs are employees before signing, the company will still pay wages and cannot drive away employees. Therefore, after knowing that you have been laid off, you must not be coaxed by the kind words of the company's executives, and make a move to sign without thinking, because once you sign, there will be no follow-up to the negotiation, as long as you don't sign, you can still grind and soak!
Three: learn to record and collect evidence.
Everyone should be vigilant when they are notified that they have been laid off, since the company has their own redundancy list, then the company has decided to let you go. Therefore, every conversation with the company's executives should be recorded for evidence, and if necessary, it can be used as evidence, so as to win more legitimate rights and interests for yourself.
Four: Learn to "endure dead skin and face".
Everyone in the workplace should know the compensation standard of their employer, but this standard is only the minimum standard. If you follow the standard given by the company, then you will definitely not get more compensation. Therefore, it is necessary to grind hard with the company, so that the standard can be raised and more legal compensation can be obtained!
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Anonymous users2024-02-11First of all, you must take the initiative to talk to the boss, the compensation is not to say too much, you can get more, it is in accordance with the law to compensate, and you have to talk to the boss yourself, and you can apply for legal arbitration if you can't get along, but the evidence must be sufficient.
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Anonymous users2024-02-10First of all, it is necessary to pay attention to keeping some irregular practices or chat records of the company when dealing with layoffs, which can be used as evidence, and consult the lawyer to collect some information as soon as possible.
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Anonymous users2024-02-09The amount of compensation is determined by the player's ability, and not by a fixed amount.
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Anonymous users2024-02-08Take out the contract and argue with the company, or go directly to the leader's office to ask the leader to give more compensation, and the leader will agree.
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Anonymous users2024-02-07Legal analysis: If an employee is laid off, he or she has the right to request the employer to pay economic compensation; If an employer lays off employees in violation of the law, it shall pay compensation at 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 one month's salary for each full year.
Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or termination of the employment contract.
Legal basis: Labor Contract Law of the People's Republic of China Article 46 In any of the following circumstances, the employer shall pay economic compensation to the employee:
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 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 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; Town Difference.
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.
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Anonymous users2024-02-06The payment of redundancy compensation also depends on the situation and depends on how you terminate the employment contract.
1. Article 47 of the Labor Contract Law stipulates that the severance compensation in such cases shall be paid according to the standard of one month's salary for each full year of the employee's service in the employer. 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, half a month's salary shall be paid to the worker.
If the monthly wage of the worker is three times higher than the average monthly wage of the employee in the previous year announced by the people** of the municipality or province (region) where the employer is located, the standard of economic compensation shall be three times the average monthly wage of the employee, and the maximum period of payment shall not exceed 12 years (the monthly wage refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract).
2. Article 46 of the Labor Contract Law stipulates that if an employer unilaterally terminates a labor contract under the following circumstances, it shall pay economic compensation to the employee: 1Where an employer terminates a labor contract in accordance with the provisions of Article 40 of this Law:
That is, the worker is sick or injured not for work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; Where there is a major change in the objective circumstances on which the labor contract is 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 negotiation; The employer terminates the labor contract after giving 30 days' written notice to the employee or paying the employee an additional one month's salary. 2.Where the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law:
That is, the employer lays off employees in accordance with the law.
3. Article 46 of the Labor Contract Law stipulates that if an employer unilaterally terminates a labor contract under the following circumstances, it shall pay economic compensation to the employee: 1Where an employer terminates a labor contract in accordance with the provisions of Article 40 of this Law:
That is, the worker is sick or injured not for work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; There is a major change in the objective circumstances on which the banquet is based at the time of the conclusion of the labor contract, 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; The employer terminates the labor contract after giving 30 days' written notice to the employee or paying the employee an additional one month's salary. 2.Where the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law:
That is, the employer lays off employees in accordance with the law.
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Anonymous users2024-02-05Legal Analysis: Layoff compensation refers to the financial compensation that needs to be paid to the laid-off employees due to the company's reasons. The compensation for layoffs shall be calculated in accordance with the provisions of the Labor Contract Law, and one month's salary shall be paid if the working period is less than one year, and the salary shall be calculated as one year for more than six months and less than one year, and half a month's salary shall be paid for less than six months.
Article 47 of the Labor Contract Law of the People's Republic of China Where 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 at three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years. The 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.
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Anonymous users2024-02-04Legal analysis: After being laid off, the economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of one month's salary for each full year. If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year.
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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which the employee shall be paid economic compensation shall not exceed 12 years.
Legal basis: Labor Contract Law of the People's Republic of China Article 47 1. The compensation shall be paid to the employee according to the number of years of service in the unit and the standard of one month's salary for each full year. 2. If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.
3. If the monthly wage of Hongdui workers is three times higher than the average monthly wage of employees 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 economic compensation shall be paid to him at the amount of three times the average monthly salary of the employee;
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