How to calculate severance for termination, termination agreement 20

The contract is terminated, the company is unwilling to renew the contract, and the employee is given severance payment, which is a new clause of the Labor Contract Law that came into effect on January 1, 08;

Severance is calculated on the basis of:

1. One month of compensation for every year of work.

2. One month's compensation refers to the total salary income (including basic salary, bonus, commission, etc.) of one year backwards12.

The other situations you describe are less important.

The agreement is legally valid if you sign it, unless you can prove that the agreement contains obviously unfair terms.

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Legal analysis: The calculation of severance is calculated and paid to the employee according to the number of years of service in the employer, and the employee is paid 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 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 economic compensation is paid shall not exceed 12 years. The term "monthly wage" here refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal basis: Article 47 of the Labor 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. if it is more than six months but less than 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.

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 Jiaogao City or the city level divided into districts directly under the jurisdiction of the employer, 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. 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.

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The calculation method is as follows: the calculation formula of severance for termination of labor contract is multiplied by the average monthly wage, and if the employee terminates the labor contract during the probationary period, the severance is half a month's salary. The expiration of an employment contract is the most important form of termination of an employment contract, which is applicable to a fixed-term employment contract and an employment contract with a term of completion of a certain work task. Once the agreed period expires or the work task is completed, the employment contract is usually terminated naturally.

How to calculate the severance payment for terminating the contract.

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The calculation method is as follows: the calculation formula of severance for termination of labor contract is multiplied by the average monthly wage, and if the employee terminates the labor contract during the probationary period, the severance is half a month's salary. The expiration of an employment contract is the most important form of termination of an employment contract, which is applicable to a fixed-term employment contract and an employment contract with a period of completion of a certain work task. Once the agreed period expires or the work task is completed, the employment contract is usually terminated.

1. Conversion method: according to the number of years the worker has worked in the unit (not the number of years of continuous work), the standard of one month's salary is paid for each full year, and if it is more than six months but less than one year, it is calculated as one year; If it is less than six months, economic compensation of half a month's salary shall be paid. 2. Calculation method of average salary:

The above-mentioned "wages" refer to the average wages of the employee in the 12 months prior to the termination or termination of the labor contract, and the "wages" are the wages due to the employee, which generally include: hourly wages, piecework wages, bonuses, allowances and subsidies, overtime wages, and wages paid under special circumstances. If a worker happens to have worked for less than 12 months, the average wage is calculated based on the number of months actually worked.

Legal analysis: Whether economic compensation is required for the termination of the contract depends on the type of contract, and if the labor contract is illegally terminated, the employer is required to pay economic compensation.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) the employee 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 dissolves 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 renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

The compensation for the termination or dissolution of a labor contract cannot be generalized and should be handled separately according to different circumstances: 1. There are two situations in which the termination of the labor contract is divided into two situations: 1. The employee proposes to terminate the labor contract, and the employer shall not bear the economic compensation if the employee proposes to terminate the labor contract in accordance with the provisions of Article 37; Second, if the employer proposes to terminate the labor contract in accordance with the provisions of Article 38, the employer shall pay the severance of one month's salary for each year of service in accordance with the provisions of Article 16 and Article 47; Third, if the employee terminates the labor contract illegally without any basis, the employer not only does not pay severance compensation, but also bears the liability for compensation for the losses caused to the employer in accordance with the provisions of Article 90. 2. If the employer proposes to terminate the labor contract, the employer shall terminate the labor contract in accordance with Articles 36, 40 and 41, and the employer shall pay severance for the single seat, and the calculation method shall be the same as above; Second, if the labor contract is terminated in accordance with the provisions of Article 49, the employer may not pay severance compensation; Third, if the employer terminates the labor contract illegally without any reason, the employer shall pay compensation at twice the standard of severance in accordance with Article 87 of the Labor Contract Law.

2. The termination of the labor contract is also divided into two situations: 1. If the contract expires and the employer is unwilling to sign it, the employer may not pay economic compensation; 2. If the employee is willing to renew the contract when it expires, but the employer does not agree to sign it, the employer must pay severance and the calculation method shall be used.

Whether economic compensation is required for the termination of the contract depends on the reason for the termination of the employment contract.

According to Article 46 of the Labor Contract Law, an employer shall pay economic compensation to an employee under any of the following circumstances:

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) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 4 of this Law;

(6) Terminating 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.