The maximum number of years of monthly wages that a dismissed employee will be compensated

Updated on society 2024-07-31
3 answers
  1. Anonymous users2024-02-15

    In general, there is no upper limit.

    Severance is paid to the employee according to the number of years of service in the employer, 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 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. Then, if the employee's monthly salary is not three times higher than the average monthly salary of the employee in the area where the employer is located in the previous year, the economic compensation is not subject to the 12-year limit.

    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" 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.

  2. Anonymous users2024-02-14

    Hello! Three months' wages should be compensated, and an additional month's wages should be paid without prior notice. If you are satisfied with my answer, give me a good review, your affirmation is the greatest encouragement to me!

  3. Anonymous users2024-02-13

    Legal analysis: The average monthly salary of the dismissed employee shall be compensated for a maximum of 12 months, and the economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. If it is less than one year for more than six months, it shall be 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 area where the employer is located in the previous year, the standard of severance shall be three times the average monthly wage of the employee, and the maximum period for which severance shall be paid shall not exceed 12 years.

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

    Article 24 A labor contract may be terminated upon the agreement of the parties to the labor contract.

    Article 25 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 requirements for employment during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

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