Compensation for dismissal by the company?
[Lawyer's Reply] The compensation for dismissal by the company mainly includes the following situations: -Legal termination, payment of economic compensation (N or N+1) -Cancellation through negotiation: The company takes the initiative to negotiate with the employee about resignation and the employee agrees to pay N times the monthly salary based on the number of years of service. One month's salary shall be paid for every full year of work, one year for more than six months, and 0.5 month for less than six months. -Inadequate ability of employees: if employees are unable to work after medical treatment or are still incompetent after training, the company will give 30 days' notice or pay 1 month's salary (i.e. N+1) in advance. -Changes in objective conditions: The contract cannot be performed due to relocation and business adjustment of the company. If the negotiation fails, the contract will be terminated and N times of salary will be compensated. -Economic layoffs: The company needs to pay N times of salary for layoffs due to bankruptcy, business difficulties, etc., and gives priority to retaining old employees, employees without fixed term contracts, etc. -Non renewal of contract upon expiration: unless the company maintains the original conditions or improves the treatment and the employee refuses to renew the contract, the company will compensate N. -Illegal termination, pay compensation (2N) -The company has no reason to dismiss, such as directly saying that the employee's "performance is not up to standard" but can not provide evidence. -Employees during pregnancy, maternity and lactation are dismissed. -Failure to notify or explain the situation 30 days in advance, or failure to follow the legal procedures, such as failure to notify the labor union, failure to report to the labor administrative department, and the situation of layoffs does not comply with the law. -Additional compensation under special circumstances -Medical subsidy: If the contract is terminated due to illness, an additional 6 months' salary will be paid, and an additional 50% - 100% will be paid for serious illness or terminal illness. -Payment in lieu of notice (+1): if the company does not give a 30 day notice of termination in advance, it needs to pay an extra month's salary, which is applicable to N, and 2N does not apply+1. If you are dismissed by the company and want to seek compensation, you can refer to the following steps: 1.? Collect evidence: collect labor contracts, salary slips, attendance records, social security records, termination notices, work handover certificates, etc. to prove labor relations, working years, salary levels, and dismissal facts. 2.? Negotiate first: talk directly with HR or the boss, ask for compensation according to the standard, and specify the calculation method (N, N+1 or 2N). It is better to record during negotiation. 3.? Apply for labor arbitration: if negotiation fails, submit an application to the labor arbitration commission with evidence within one year. 4.? Litigation: If you are dissatisfied with the arbitration result, you can sue within 15 days.
