How to compensate for layoffs in a company How to compensate for layoffs in a company?

1. Legal layoffs by the company: If the employer legally lays off employees, the employer shall pay severance according to the number of years of service of the employee. The severance payment is based on:

One month's salary shall be paid for each full year, and 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. 2. Illegal layoffs by the company: If the unit illegally lays off employees, it is a unilateral illegal termination of the labor relationship by the unit, and the employer can be required to pay double the economic compensation (i.e., 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. 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 salary of the employee in the previous year as 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 severance shall not exceed 12 years.

Don't have a written contract?

That's hard to do.

The Contract Law also stipulates that the parties may conclude a contract orally (an oral contract is valid), but one party must provide evidence to prove the existence of the oral contract and the authenticity of the oral contract when filing a lawsuit, otherwise it will bear the legal responsibility of losing the lawsuit.

If you can't prove the validity of your verbal contract, then the boss can give you not a penny.

Lose as much as you owe, and don't expect anything double or triple. I don't even have a contract, comrade.

What wages to lose, just count it when you're gone. You think the boss is so good, or you should try it.

The company's compensation standard for layoffs is to pay the employee one month's salary for each full year of the employee's service in the company. For more than six months but less than one year, it is calculated as one year; Before the search for less than six months, the worker shall be paid half a month's salary as economic compensation.

The solution of the company's layoffs without compensation:

1. Negotiate and settle. The employee and the employer can negotiate a settlement on the compensation for layoffs;

2. Arbitration settlement. Workers may also apply to the labor arbitration authority for arbitration;

3. Litigation resolution. If the employer fails to perform the arbitration result or the employee is not satisfied with the arbitration, he or she may file a civil lawsuit with the court to resolve the dispute.

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the standard of one month's salary for each full year of 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, the worker shall be paid half a month's salary for economic compensation.

[Legal Analysis].If the company lays off employees without taking annual leave, the company shall pay the employee 300% of the employee's daily salary for the number of days of annual leave that should be taken.

[Legal basis].Regulations of the People's Republic of China on Paid Annual Leave for Employees

Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

Article 3 Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.

Article 5 According to the specific situation of production and work, and considering the wishes of the employees, the unit shall make overall arrangements for the annual leave of the state of the vocational league. Annual leave can be arranged in a centralized manner within one year, or it can be arranged in stages, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it may be arranged across one year.

If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

<> compensation for redundancy in the company:

1. The economic compensation shall be paid to the worker 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;

3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation;

4. 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 number of years of economic compensation shall not exceed 12 years;

5. If the unit is unilaterally dismissed without a legitimate reason, it is necessary to pay double the compensation according to the above standards.

Legal basis: Article 46 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The labor contract is terminated 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) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to the postponement of the renewal, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

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.