Will a regular employee get an extra month s salary if he is dismissed by the company?

Yes, in accordance with the provisions of the Labor Contract Law of the People's Republic of China:

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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;

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.

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.

Under normal circumstances, an employer cannot arbitrarily dismiss an employee. Unless otherwise required by law. If the employer terminates the labor contract under statutory conditions, it needs to pay severance to the employee!

Severance is calculated according to the number of years of service in your employer, and one month's salary is paid every year. If the employer terminates the labor contract in violation of the law, it may require the employer to pay compensation. The extra month's salary you are talking about is under certain statutory circumstances and the employer is required to give 30 days' notice.

It depends on the reason for being dismissed by the company, if it is due to work reasons, the company will not lose anything; If the early dismissal is caused by the company, it must be determined according to the labor contract, and it may be more.

Legal analysis: 1. If Yansheng terminates the labor relationship with the company, the salary shall be paid immediately after the resignation and handover procedures are completed. 2. If the company's salary accounting takes time, it should be paid immediately after the accounting. 3. If the employee agrees to postpone the payment, the payment can be deferred.

Legal basis: "Interim Provisions on Payment of Wages" Article 9 When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the wages of the labor spine in one lump sum when dissolving or terminating the labor contract.

In China you absolutely win, according to the early capitalist law you should give her a month's salary.

Hello, apply for labor arbitration to ask the company to compensate you.

Reality is confused.

In June 2012, Lao Li's toy factory filed for bankruptcy because its economic performance was too poor to maintain normal operations. After negotiation between the factory and the labor union, the labor contract will be terminated except for the necessary caretakers, and the factory will pay the employee an extra month's salary as compensation. Lao Li was also included in the list of dismissed employees, and the dismissed workers also knew that the factory was indeed in trouble and could not continue to support so many employees, so they unanimously agreed with the opinion of paying an extra month's salary and leaving their jobs.

Afterwards, Lao Li and other workers discussed whether the extra month's salary was due to the factory's apology or was it what they deserved according to the law? What should be the extra month's salary for the dismissal of an employee?

Lawyer answers. In this case, the toy factory was unable to maintain normal operations due to low efficiency, and the wages of the workers became a burden on the factory, so through negotiations with the labor union, it was decided to terminate the labor contract with the old employee whose contract was about to expire and pay an extra month's salary. According to Article 20 of the Regulations for the Implementation of the Labor Contract Law and Article 44 of the Labor Contract Law, if an employer is declared bankrupt in accordance with the law, the labor contract may be terminated; If the employee chooses to pay an additional month's salary to terminate the labor contract, the additional salary shall be determined in accordance with the employee's wage standard of the previous month. Therefore, in this case, the factory can no longer operate and has filed for bankruptcy, so the termination of the labor contract should pay the employee one month's salary in accordance with the law.

The factory's practices are in accordance with the law.

Links to legal provisions. Regulations for the Implementation of the Labor Contract Law of the People's Republic of China

Article 20 Where an employer chooses to pay an employee an additional month's salary to terminate the labor contract in accordance with Article 40 of the Labor Contract Law, the additional salary paid shall be determined in accordance with the worker's wage standard of the previous month.

Article 44 of the Labor Contract Law of the People's Republic of China shall terminate the labor contract under any of the following circumstances:

4) The employer has been declared bankrupt in accordance with law; ......

A collection of jurisprudence. If the employer is declared bankrupt in accordance with the law due to poor management, it may terminate the labor contract with the employee, and the employer may choose to pay the employee an additional month's salary as compensation for the termination of the labor contract.

It is illegal for a worker to be paid half a month in arrears after being dismissed.

The employer shall pay the employee all wages in a lump sum when the labor contract is terminated.

If wages are not paid in a timely manner, there are two ways to claim wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

If you are dismissed from a company, your salary will be paid half a month later, which is reasonable, but it is not legal, and the law requires you to settle your salary at that time

If the employer terminates the employment contract, you can request double the payment of economic compensation.

It is recommended to settle the matter through negotiation, and if the negotiation fails, you can apply for labor arbitration, or you can entrust a lawyer to arbitrate on your behalf.

Appeal to the local labor inspection brigade and ask for a solution.

In accordance with the provisions of the Labor Law, wages are paid on a monthly basis. The salary of the previous month can be paid in the current month, but it is illegal to cross months; If the company is in arrears of wages, the employee can file a complaint with the labor inspection brigade, which will order the employer to pay wages within a time limit, and if the payment is not made within the time limit, additional compensation will be paid.

Article 50 of the Labor Law stipulates that wages shall be paid to the worker in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

Article 7 of the Interim Provisions on Payment of Wages stipulates that wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month.

Article 85 of the Labor Contract Law stipulates that in any of the following circumstances, the employer fails to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

The labor administrative department shall order the payment of labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

Compensation according to the length of service also depends on the way to terminate the contract.

No, depending on the contract, one month per year.