My company went bankrupt one month before I retired, and I worked for 16 years, how should I be comp

Updated on society 2024-07-20
9 answers
  1. Anonymous users2024-02-13

    My company went bankrupt one month before I retired, and I worked for 16 years, how should I be compensated? 1. Job transfer is the main content of changing the labor contract, and the employer must first reach an agreement with the employee, and the unilateral adjustment of the position by the employer without the consent of the employee is invalid in principle;

    2. If the employer is transferred for production and operation needs, and the transfer is reasonable, there is no insult or punishment nature, the salary is not reduced, and there is a correlation between the position agreed in the labor contract, the transfer is valid; You as a laborer should abide by it. Of course, the reasonableness of the position adjustment requires the employer to provide evidence; On the contrary, if the employer adjusts the position of the employee based on forcing the employee to leave the job, the employee can refuse. If an employer terminates an employment contract on the grounds that the employee does not obey the arrangement, it is an illegal termination. You can apply for labor arbitration to claim compensation, and pay 2 months' salary for 1 year of work, i.e. 2;

    3. If the employee is not competent for the job, the employer also has the right to adjust the position. Of course, the employer also needs to provide evidence if it claims that the employee is incompetent for the job. If the employee refuses to adjust the position, the employer shall terminate the labor contract accordingly, which is a legal termination, but the employer shall also pay economic compensation, i.e.

  2. Anonymous users2024-02-12

    If the company goes bankrupt one month before you leave, you will not be paid 16 months if you have worked for 16 years, because you are only one month away from retirement, and you can claim compensation for one month's salary.

  3. Anonymous users2024-02-11

    Who said that if you are bankrupt, you will have no money to lose and go bankrupt, as long as Sun. There are also assets that are liquidated by major assets to claim their own in advance. Creditor's rights are enough, anyway. Liquidate a portion of the funds. indemnity to creditors.

  4. Anonymous users2024-02-10

    The company is bankrupt, and he still has money for you. If the company has money. can be given to you. If you do it for one year, you will make up one month's salary.

  5. Anonymous users2024-02-09

    Bankrupt and there is no money left to compensate you.

  6. Anonymous users2024-02-08

    Summary. Hello, the company is bankrupt and there are more than 7 months before retirement, and the compensation method is: according to the number of years the worker has worked in the unit, one month's salary will be paid for each full year, and if it is more than six months and less than one year, it will be calculated as one year, and if it is less than six months, half a month's salary should be paid.

    Hello Hemin, the company is bankrupt which limb is more than 7 months away from retirement, the compensation method is: according to the number of years the worker has worked in the unit, pay a monthly salary for each full year, if it is more than six months and less than one year, it will be calculated as one year, and if it is less than six months, it shall be paid half a month's salary.

    Hello, if you have worked for more than six months but less than one year, it will be counted as one year; If it is less than six months, it can be compensated with half a month's salary.

    According to the argument: Article 47 of the Labor Contract Law of the People's Republic of China provides compensation for economic training and compensation according to the standard of one month's salary for each full year of the employee'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.

  7. Anonymous users2024-02-07

    Summary. Hello dear, glad your question <>

    <> the company goes bankrupt and there are more than 7 months left before retirement, according to the compensation of one month's salary for each full year. The compensation method for employees who are about to retire due to the company's bankruptcy: according to the number of years the employee has worked in the unit, one month's salary shall be paid for each full year, if it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, half a month's salary shall be paid.

    If the monthly salary is three times higher than that of the local equivalent position, the standard shall be paid at three times the average monthly salary of the employee, and the period shall not exceed 20 years.

    The company is bankrupt and there are more than 7 months before retirement, how to compensate.

    Hello dear, glad your big crack tease question <>

    <> the company goes bankrupt and there are more than 7 months left before retirement, according to the compensation of one month's salary for each full year. The source compensation method for employees who are about to retire after the company's bankruptcy is as follows: according to the number of years the employee has worked in the unit, one month's salary shall be paid for each full year, and the roll-off sale of more than six months and less than one year shall be calculated as one year, and half a month's salary shall be paid if it is less than six months.

    If the monthly salary is three times higher than that of the local equivalent position, the standard shall be paid at three times the average monthly salary of the employee, and the period shall not exceed 20 years.

    Legal basis<>

    Article 47 of the Labor Contract Law of the People's Republic of China <> Economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of one month's salary for each full year of the employee's service. If it is more than six months and has not been unbalanced for one year, it shall be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.

  8. Anonymous users2024-02-06

    Summary. Hello dear, happy to answer your <>

    Employees who retire within one year are required to receive compensation in accordance with the law.

    What to do if a bankrupt employee retires within a year.

    Hello dear, happy to answer your <>

    If an enterprise goes bankrupt and employees retire within one year, they need to be compensated accordingly in accordance with the law. Mu lurked.

    The legal analysis for you is as follows: internal retirement, the full name is "internal retirement" or "internal retirement" or "retirement from the post", which is strictly speaking not really a retirement procedure, just a similar approach to retirement treatment in the unit, the personnel who handle the internal retirement can not work in the unit, but can receive a predetermined amount of internal refund from the unit every month, but the social insurance of these people has not been terminated, but the unit continues to pay in the social security center, I will not officially retire until I reach the retirement age condition. Employers also generally set a certain age limit for internal retirement (e.g., within 5 years from the statutory retirement age, etc.).

    In fact, this is a situation in which labor relations are retained but there is no need to be on the job, and there are generally more in state-owned enterprises, mainly for some old employees who cannot arrange suitable positions but have not yet reached retirement age. Therefore, in principle, the labor relationship of the retired employee still belongs to the original employer. Once the enterprise goes bankrupt, it is necessary to compensate the retired employees in accordance with the law.

    The relevant legal basis for you is as follows: Article 1 of the "Interim Measures on the Retirement and Retirement of Workers" Workers of enterprises, public institutions, state organs and people's organizations owned by the whole people shall retire if they meet one of the following conditions: (1) Men are at least 60 years old, women are at least 50 years old, and have worked continuously for 10 years.

    2) Engaged in underground, high-altitude, high-temperature, particularly heavy physical labor, or other work harmful to physical health, at least 55 years of age for men and 45 years of age for women, and having worked continuously for 10 years or more. This provision also applies to grassroots cadres whose working conditions are the same as those of workers. (3) Men who have reached the age of 50 and women who have worked continuously for more than 10 years, and who have been certified by the hospital and confirmed by the labor appraisal committee that they have completely lost the ability to work.

    4) Disabled due to work, with a slip certificate from the hospital, and confirmed by the labor appraisal committee, completely losing the ability to work.

    Dear, hemp chain is only annoying you can shed Wang Pei to explain your specific situation in detail, I will help you analyze and analyze, and we will discuss a mausoleum solution <> together

  9. Anonymous users2024-02-05

    Hello dear <>

    If the company closes down and the employee is about to retire, he or she will be compensated according to the number of years he has worked in the company, and he will be paid one month's salary for each full year of work. The issue of the retirement of employees after the bankruptcy of the enterprise should be dealt with according to the following principles:1

    If the employee has reached the statutory retirement age, he or she can apply for normal retirement and enjoy the corresponding pension insurance treatment in accordance with national regulations. 2.If the employee has not reached the statutory retirement age, but meets the conditions for early retirement, he or she can retire early and enjoy the corresponding pension insurance benefits in accordance with national regulations.

    3.If the employee has not reached the statutory retirement age and does not meet the conditions for early retirement, he or she can choose to continue working or voluntarily leave the company, and at the same time can apply for unemployment insurance benefits. Thank you for your inquiry, I wish you a happy life, if there is anything else you don't know, you are also welcome to ask<>

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