Is the severance compensation for the termination of the labor contract based on the average salary

The amount of severance compensation is generally calculated based on the employee's years of service and salary in the employer. The formula is:

Severance = years of service Monthly salary.

The standard for calculating the number of years of service is as follows: severance 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 more than 6 months but less than 1 year, it will be calculated as 1 year; If it is less than 6 months, it shall be paid at the rate of half a month's salary.

The calculation standard of monthly wage is: in accordance with the relevant provisions of the state, the monthly wage of economic compensation shall not be lower than the local minimum wage standard under the condition of normal production of the enterprise, and the average monthly salary of the employee in the 12 months before the termination of the labor contract shall not be lower.

Under what circumstances do companies need to pay severance payments?

According to the current regulations, if an employer terminates a labor contract in violation of the law or terminates the labor relationship in accordance with the provisions of Articles 24, 26 and 27 of the Labor Law, it shall pay economic compensation in accordance with the relevant provisions of the state. Specifically, it includes the following 12 situations:

1) The employer terminates the labor contract in violation of the law;

2) The employer terminates the labor contract upon the consensus of the parties to the labor contract;

3) The employer terminates the de facto employment relationship in advance;

4) The employer compels labor by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

5) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;

6) The employer refuses to pay overtime wages or pays wages to employees lower than the local minimum wage standard;

7) The labor contract is terminated due to illness or non-work-related injury, and the labor appraisal committee confirms that the employee is unable to perform the original job or the work arranged by the employer;

8) The employer terminates the labor contract if the worker is incompetent for the job and is still incompetent after training or job adjustment;

9) The employer terminates the labor contract if there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract after consultation;

10) The employer is on the verge of bankruptcy and has to terminate the labor contract during the period of statutory rectification or serious difficulties in production and operation;

11) The employer goes bankrupt or dissolves during the term of the labor contract;

12) When the labor contract is terminated, the local government has special regulations that require the payment of economic compensation.

Hello, it is based on your average monthly salary in the previous year.

Summary. Hello dear, it is not according to the average salary of the enterprise, but according to the average monthly salary of the worker. If the employer and the employee agree to terminate the labor contract through consultation, they shall pay economic compensation in accordance with law.

The standard of severance compensation is determined based on the number of years of service and the amount of monthly wages of the employee. Therefore, the compensation standard cannot be determined according to the average salary of the enterprise, but should be calculated according to the number of years of service and the amount of monthly salary of the individual worker.

Hello dear, it is not according to the average salary of the enterprise, but according to the average monthly salary of the worker to compensate for trillion or oh. If the employer and the employee agree to terminate the labor contract through consultation, they shall pay economic compensation in accordance with law. The standard of severance compensation is determined according to the number of years of service and the amount of monthly wages of the employee.

Therefore, the compensation standard cannot be determined according to the average salary of the enterprise, but should be calculated according to the number of years of service and the amount of monthly salary of the individual worker.

Legal basis: Article 44 of the Labor Contract Law of the People's Republic of China stipulates that if the employer and the employee terminate the labor contract through consultation, they shall pay economic compensation in accordance with the labor contract. If the labor contract does not stipulate economic compensation, the employer shall pay economic compensation for one month's salary.

The monthly wages for severance as stipulated in Article 47 of the Labor Contract Law shall be calculated according to the wages due to the employee, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies. If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard. This is stipulated in Article 27 of the Regulations for the Implementation of the Labor Contract Law.

This usually refers to the average amount of salary payable in the 12 months prior to separation.

The severance compensation is calculated based on the average salary of the 12 months prior to the termination of the labor contract, and the salary payable (before tax) is not the actual (after-tax) salary.

For the scope of wages, please refer to the following provisions of the "Provisions on the Composition of Total Wages":

Article 4 The total salary shall be composed of the following six parts:

1) Hourly wages; (2) Piece-rate wages; (3) bonuses; (4) allowances and subsidies; (5) Overtime wages; (6) Wages paid under special circumstances.

If the company dismisses the employee without a legitimate reason, it is illegal to terminate the labor contract, and 2 months' salary should be paid as compensation for every year of work. The salary standard is calculated based on the average salary of the employee in the 12 months prior to the termination of employment, which is the average of all wages.

If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work. If the company has less or no overtime wages, you can be forced to resign or indeed have difficulties in production and operation, etc., and you will be compensated, and you will be compensated for one month's salary for each year of work. If the company does not provide working conditions and transfers in disguise, you can also be forced to resign and ask the company to pay you one month's salary for every year you work.

At the same time, you can ask the company to settle the full salary, and if the company negotiates with you to terminate the labor contract, you should pay one month's salary for each year of work as compensation. If an employee voluntarily resigns, there is no severance payment, regardless of how many years of service or employment contract they have signed. The Labor Contract Law stipulates:

For the payment of economic compensation, one month's salary shall be compensated for each year of service, and if it is less than one year after 6 months, it shall be counted as one year, and half a month's salary shall be compensated for less than 6 months. is the average of all wages over the past 12 months. The standard of compensation for unlawful termination is twice the standard of economic compensation.

No, in terms of compensation, it is not the normal salary of the employee in the weekday salary, but a measure of human rights protection considered by the ** department, when you are just unemployed, there is a period of financial compensation, as the cost of living, don't be confused.

The Labor Contract Law sets the standard of severance as one month's salary for each year of service according to the employee's years of service, and the standard of this month's salary is the average salary of the 12 months before the termination of the contract. If the salary of half a year is paid for less than six months, if according to this standard, the income of some high-end workers is quite high, and there is a big gap between them and low-end workers. If a high-end worker is required to pay economic compensation according to this standard and according to his working years, the burden on the enterprise is very great.

Therefore, in accordance with some international general practice, some provisions have been made to cap the maximum limit in this situation.

We stipulate that there are two levers to restrict high-end workers: First, the monthly wage shall not exceed three times the average salary of local employees. If it is more than three times, it will be issued as three times.

As we all know, last month, Beijing announced the "Average Wage of Employees in Beijing in the Last Year of 2006", and the average annual wage was 36,097 yuan. According to the average annual salary, the average monthly salary is 3,000 yuan, and if it is tripled, it is 9,000 yuan. If severance is paid, 9,000 yuan will be paid for one year's working life.

This ceiling is also quite high if it is paid entirely according to the number of years of service. Therefore, the second limit is restricted for high-end workers, that is, the maximum number of years of payment cannot exceed 12 months, the maximum economic compensation paid to him is 12 months, and the monthly payment of 9,000 yuan will pay him at most, and the maximum amount will be paid to him is 108,000 yuan. With the development of the economy, at this level, the compensation paid to high-end workers may be increased next year, according to Beijing.

After soliciting opinions, it was agreed that such restrictions should be imposed on high-end and high-income workers, and everyone agreed to impose such restrictions.

Article 53 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Lao Bu Fa [1995] No. 309) stipulates that "wages" in the Labor Law refer to the labor remuneration paid directly by the employer to its employees in the form of money in accordance with the relevant provisions of the state or the provisions of the labor contract, generally including hourly wages, piecework wages, bonuses, allowances and subsidies, wages and remuneration for extended working hours, and wages paid under special circumstances. In practice, the wages of workers are generally divided into basic wages, payable wages, and actual wages. The basic salary is usually the basic salary set by the employer for the employee, which generally does not include overtime wages, allowances, subsidies, benefits, etc.

Payable wages refer to all wages that workers should receive in accordance with the law for providing normal work, including basic wages, overtime wages, bonuses, allowances, etc. The actual salary is the actual monthly salary of the employee, and some expenses are usually deducted, such as withholding and paying social insurance premiums, income tax, deducting food expenses, rent expenses, etc., and the actual amount received by the worker is usually less than the salary payable. The calculation of severance shall be based on the wages payable to the employee, rather than on the basic salary and actual wages.

The basic wage is only a part of the employee's salary, which obviously cannot be used as the basis for calculating economic compensation, while the actual wage cannot truly reflect the wage level of the employee, for example, the employer's failure to pay overtime pay in accordance with regulations, deducting wages and other illegal acts can lead to the actual wage of the employee being lower than the actual wage of the employee, and obviously cannot be used as the basis for calculating the economic compensation.

Article 47 The 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.

The severance payment is calculated on the basis of the total actual salary, and the monthly wage in the calculation of compensation in the Labor Contract Law refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

1. One month's salary will be compensated for each full year;

2. If it is more than six months but less than one year, it will be calculated as one year and compensated for one month's salary;

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

According to the labor law, one month's salary will be paid for one year's work, and a few months' salary will be paid for several years. The monthly salary is the average of the total earnings for the 12 months prior to the termination of the contract. Half a year and less than one year will be counted as one year, and less than half a year will be counted as half a year.

According to the labor law, one month's salary will be paid for one year's work, and a few months' salary will be paid for several years. Half a year and less than one year will be counted as one year, and less than half a year will be counted as half a year. This time includes your probationary period.

The monthly salary is the average of the total earnings for the 12 months prior to the termination of the contract. This income refers to the pre-tax period, which is the sum of 2400x3+3000x7 divided by 10

In addition, the company needs to give you 30 days' notice, and if you are required to leave your job immediately, you can ask the company to compensate you in lieu of notice, which is one month's money, which is the monthly salary calculated in the previous article.

Generally, compensation is based on the individual's salary rate. Based on the monthly average of the person's salary. If it is half a year, the termination of the labor contract shall be repaid within one month.

According to the provisions of the Labor Contract Law, it shall be calculated based on the average salary of the employee in the 12 months prior to the termination of the labor contract.

The average salary of the employee in the 12 months prior to the termination of the employment contract. If the average wage is lower than the minimum wage standard, it shall be paid according to the minimum wage standard, and if the average wage exceeds three times the average monthly wage of the local employee in the previous year, compensation shall be paid at three times the average monthly wage of the employee.

Call the Labor Bureau **12333 for help.

Calculation criteria for severance payments. According to Chinese law, the average monthly wage of an employee refers to the average salary of an employee in the 12 months prior to the termination of the contract under the normal production conditions of the enterprise.

What does the average monthly salary include? What is the category of wages and what is not? When we talk about "wages", we refer to the labor remuneration paid directly by the employer to the employees in the form of money in accordance with the relevant provisions of the state or the provisions of the labor contract, which generally includes hourly wages, piecework wages, bonuses, allowances and subsidies, wages for extended working hours, and wages paid under special circumstances.