How to compensate for the expiration of the contract The salary is three times higher than the avera

The Labor Contract Law stipulates that if the monthly wage of an employee 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 and districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which severance shall be paid shall not exceed 12 years.

For compensation, one month's salary shall be paid to the worker for each full year of service in the unit, and if it is more than six months but less than one year, it will be calculated as one year, and if it is less than six months, half a month's salary shall be paid to the worker.

So what you said is three times higher than the social level, and you need to pay according to three times. Therefore, if the unit compensates you three times every month, there is also a legal basis!

Dude: That's all there is to it

According to the provisions of the Labor Contract Law, if the monthly salary of an employee 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 payment of economic compensation shall not exceed 12 years.

Therefore, the compensation you deserve is: the number of years of service in the unit * the average monthly salary of the location * 3 times.

Don't pay according to the average social wage, it will be compensated according to the salary you paid when you signed the contract at that time, and it is also calculated according to your working age there, one month of compensation for one year, that is, more than one year will be calculated according to the full year, if there is no 30 days' notice, it is n+1 compensation.

If it is more than three times the average social wage, the severance shall be paid at three times the average social wage, and the maximum shall not exceed 12 months.

You have the right not to change, if the other party does not fulfill its obligations according to the agreement, you have the right to sue to protect your rights!

If the employer unilaterally decides not to renew the labor contract after the expiration of the contract, it does not need to pay compensation to the employee, but must pay compensation, which is determined according to the average salary of the 12 months before the termination of the contract according to the provisions of the Labor Contract Law of the People's Republic of China.

1. How to determine the wage standard for compensation for non-renewal of the labor contract upon expiration?

When the labor contract expires, the company unilaterally does not renew the contract to pay compensation, not compensation, and when the compensation is paid, the salary shall be determined according to the average salary of the 12 months before the termination of the labor contract.

Labor Contract Law of the People's Republic of China

Article 46 [Economic Compensation] In any of the following circumstances, the employer shall pay economic compensation to the worker:

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;

Article 47.

Calculation of severance compensation] Severance compensation 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 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.

2. Can I apply for labor arbitration for disputes over compensation for labor contract renewal?

Yes, the following labor disputes can be applied for labor arbitration:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

In the course of the performance of the labor contract, the employer illegally dismisses the employee only involves the issue of compensation, and the compensation itself is calculated according to double the compensation, and the expiration of the labor contract itself will cause the legal consequences of the termination of the contract, even if the company unilaterally does not renew the contract, it only needs to pay compensation. If the employee unilaterally decides not to renew the labor contract after it expires, the company shall not bear any legal responsibility.

Summary. After the implementation of the Labor Contract Law, there is no longer an upper limit on the payment of severance payments for ordinary employees. If an employee is incompetent for the job and is still incompetent after training or job adjustment, and terminates the labor contract with the employer, if the employee has worked for the employer for 20 years, the employer shall pay 20 months' severance in accordance with the provisions of the Labor Contract Law.

Is there a 12-month limit on severance under the new Labor Contract Law (except for monthly wages exceeding 3 times the average wage)?

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Hello, is the labor contract law about the maximum salary of 12 months of salary compensation for employees?

I am engaged in underground electrician work in the development of the resources of the grass bucket shelter coal mine, and I have been working in the empty state for 17 years and now ** is closed, and the labor contract is terminated, can I ask the boss for compensation for 17 months of seniority? My monthly salary is 6,000 yuan.

If the boss has signed a labor contract before, he has not signed an indefinite labor contract.

No more problems.

Ask a lawyer. Thank you.

Please wait a minute, let me take a look at your question.

After the implementation of the Labor Contract Law, for ordinary employees, there is no longer an upper limit on the payment of severance payments. If an employee is incompetent for the job and is still incompetent after training or job adjustment, and terminates the employment contract with the employer, if the employee has worked for the employer for 20 years, the employer shall pay 20 months of severance in accordance with the provisions of the Labor Contract Law.

After the implementation of the Labor Contract Law, for ordinary employees, there is no longer an upper limit on the payment of severance payments. If an employee is incompetent for the job and is still incompetent after training or job adjustment, and terminates the employment contract with the employer, if the employee has worked for the employer for 20 years, the employer shall pay 20 months of severance in accordance with the provisions of the Labor Contract Law.

Article 47 of the Labor Contract Law ......Severance shall be calculated at three times the average monthly value of the city's employees. If there is a dispute over the excess part, it will generally not be supported (except for the voluntary part of the unit).

Paragraph 2 of Article 47 of the Labor Contract Law: "If the monthly wage of an employee 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 payment of economic compensation shall not exceed 12 years." ”

Three times the average salary of 5,036 yuan is 15,108 yuan, although Xiao Sun's salary is more than three times the average salary, when is the highest standard calculated according to triple times. Xiao Sun's working years in the company are 5 years, so the amount of economic compensation is 15,108 5 yuan.

According to Article 97 of the Labor Contract Law, the calculation shall be based on division and the calculation shall be based on the reasons for dissolving or terminating the labor contract.

If the former has more than 12 years of service and is paid in accordance with Articles 5 and 7 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, there is an upper limit of 12 months' wages, and 12 months' wages shall be paid for more than 12 years, and if the economic compensation is paid in accordance with Articles 6, 8 and 9 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts, there is no upper limit of 12 months' wages, and 13 months' wages shall be paid for more than 12 years.

If the employee pays severance in accordance with Articles 46 and 47 of the Labor Contract Law after one year or four years of service, and the monthly wage of the employee 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, there shall be three times the average monthly wage and an upper limit of 12 years. If the monthly wage of a worker is less than or equal to three times the average monthly wage of employees 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, there shall be no triple average monthly wage and a 12-year upper limit. After the length of service, severance shall be paid for one month's or four months' wages.

Therefore, this severance should be 12+ or 12+4 or 13+ or 13+4 months salary.

Generally, 3 months will be compensated in the first year, and 2 months will be compensated in each subsequent year, and the number of months of compensation shall not exceed 24 months.

Hello, I am helping you to inquire about the relevant information and will reply to you immediately.

Yes, up to 12 months of compensation.

Can you do 12 years in a company?

In current employment practice, there are two main problems in signing an indefinite-term labor contract: first, if the employer does not conclude a written labor contract with the employee within one year from the date of employment, it will eventually lead to "deemed to have entered into an indefinite-term labor contract between the employer and the employee"; Second, under the three circumstances under which an indefinite-term labor contract should be signed in accordance with paragraph 2 of Article 14 of the Labor Contract Law, the fixed-term labor contract has been signed and has been actually performed due to the employer's negligence and the employee has not proposed to sign a fixed-term labor contract. So, is the period for which the worker is compensated for double wages the same in both cases?

In the first case, Article 7 of the Implementing Regulations stipulates that: "If an employer fails to conclude a written labor contract with an employee within one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law from the day after the expiration of one month from the date of employment to the day before the expiration of one year, and shall be deemed to have concluded an indefinite labor contract with the employee on the date of one year from the date of employment, and shall immediately conclude a written labor contract with the employee." According to this provision, once an employer fails to conclude a written labor contract with an employee for more than one year, it shall be deemed to have concluded an indefinite labor contract with the employee on the date of the expiration of one year, and shall pay double the wages of the previous 11 months, and shall immediately supplement the written labor agreement.

If the employer still does not conclude a written labor contract with the employee or does not compensate the employee for double wages for the previous 11 months, the employee may file a complaint with the labor and social security administrative department, which shall order the employer to make corrections in accordance with Article 98 of the Labor Law, and shall be liable for compensation if the damage caused to the employee is caused. In the second case, if the employer does not have evidence to prove that the employee proposed to conclude a fixed-term labor contract, paragraph 2 of Article 82 of the Labor Contract Law shall apply: "If the employer violates the provisions of this Law by not entering into an indefinite-term labor contract with the employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded."

However, paragraph 2 of Article 82 does not specify the old limit for the payment period of double wages, and the author believes that from the perspective of protecting the rights and interests of employees, this period should start from the time when both parties should sign an indefinite term labor contract and end when both parties change the term of the labor contract to an indefinite term.

The statute of limitations for paying double wages is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended.

1. The statute of limitations for double wages in Hunan.

The statute of limitations for arbitration of double wages without a contract is only one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

Article 27 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes stipulates that the limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed. The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations.

From the time of interruption, the arbitration limitation period is recalculated. Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.