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Beijing Labor Dispute Wage and Welfare Lawyer Zhang Lide

Senior partner, labor and human resources professional lawyer, legal adviser of enterprise operation and corporate governance, senior lecturer of enterprise employment relations, invited lecturer of CIIC, Elite Network, etc., member of the Labor and Social Security Law Professional Committee of Beijing Lawyers Association, member of the Commercial and Economic Business Research Committee of Beijing Chaoyang District Lawyers Association, Specializing in labor law and human resources practice and research for 16 years (supplemented by business fields such as company operation legal support and contract affairs processing). Enterprise customers are involved in IT, machinery manufacturing, medicine, energy, clothing, training, publishing, biotechnology, food, film and television, real estate and other industries

Beijing Hongjia Law Firm

service content: Labor disputes, personnel disputes, arbitration proceedings

Enterprise employment compliance management and solutions

185-1875-6618

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Chaoyang District Haidian District Xicheng District Fengtai District Dongcheng District Changping District Shijingshan District Tongzhou District Daxing District Shunyi District Fangshan District Miyun District Huairou District Yanqing District Mentougou District Pinggu District

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Wages and benefits Social security disputes labor dispatch Labor contract Labor relations Labor security Labor dispute Labor arbitration

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Have a team Chief Counsel Foreign agency experience Has handled major cases Have a political position Be proficient in foreign languages highly educated Experience in consulting unit Rich professional experience Hospital work experience Large enterprise service experience Patent agency experience

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What is included in the monthly salary base of severance compensation

The calculation method of the monthly salary base amount of the severance compensation is that you need to make a statistical summary of all the gross salary income calculated twelve months ahead from the date of dissolution or termination of the labor contract. This scope generally covers time wage, piece rate wage, bonus, allowance, subsidy and other salary components, and may also include overtime wage and other special salary forms. However, it is worth reminding that this calculation method does not include the various welfare expenses that the employer should pay to you according to the relevant laws and regulations but has not actually paid, such as housing provident fund, labor protection costs, etc. #Labor disputes 1496 readings
How can a private boss handle the dimission procedures by withholding employees' wages

If a private employer maliciously withholds an employee's salary, you may first express your intention to leave in writing, and state in detail that the withholding of salary is the main reason for leaving. Then, follow the regular dimission procedures of the enterprise. If there is no clear provision, it is recommended that you submit the dimission request to the corresponding department of the enterprise or inform the employer in writing, such as mail, letter, etc., and properly retain relevant evidence as evidence. In the process of handling resignation procedures, it is necessary to ensure that the handover content is detailed and complete, and the receiver is required to sign for confirmation. In addition, you can also request the employer to pay the salary arrears and other entitlements according to law. #Labor disputes 1024 reads
How does the company persuade employees to compensate for wages that have not passed the probation period

If the company proposes to dismiss the employee while the employee is still in the probation period, it is generally not obligated to pay economic compensation. However, from the legal point of view, the enterprise must pay the employees the wages and remuneration they deserve during their work according to the agreement reached by both parties. If the company rashly proposes to dismiss without giving sufficient and reasonable explanation, it shall pay the salary due to the employee before leaving according to relevant regulations. Further, if you want to dismiss an employee for reasons such as "not meeting the employment standards", you need to have clear employment standards and strong evidence to prove that the employee really does not meet the standards. #Labor disputes 1491 readings
Whether there is salary compensation for resignation during probation period

If the employee decides to leave the company during the performance of the probation period, according to the law, he or she generally does not need to bear any salary compensation liability. However, if the employer has violated the law during this period, forcing the employee to apply for resignation, this is another matter. In general, the employee in the probation period can terminate the labor contract relationship between both parties only by submitting a written notice to the employer three days in advance. As long as workers have made corresponding efforts in their jobs, employers should pay corresponding labor remuneration according to the provisions of the labor contract and relevant laws and regulations. #Labor disputes 849 readings

How to calculate the average monthly salary in labor arbitration

With regard to the detailed description of the calculation method of the monthly average wage in the labor arbitration procedure, the usual way of operation is to summarize all the wage income in monetary form obtained during your employment in the employer, which should include basic wages, allowances, subsidies, bonuses, overtime wages and other items. Then, we will divide these sums by the number of months you actually work to get your average monthly salary. However, in this process, we must eliminate the interference of some special circumstances, such as income not obtained due to labor, one-time compensation, etc. #Labor disputes 1055 readings
How to compensate for economic layoffs

As for the compensation amount involved in economic layoffs, according to the relevant laws and regulations, the specific compensation standard is mainly based on the length of service of the employee in the employer, and the compensation equivalent to one month's salary shall be paid to the employee for each full year. If the service life exceeds six months but is less than one year, it shall be calculated as a whole year; For workers with less than six months of service, they need to pay half a month's salary as economic compensation. Among them, the "monthly salary" refers to the average income level of the laborer in the first 12 months when the labor contract is dissolved or terminated. #Labor disputes 1473 readings
What kind of compensation and compensations should be given to employees dismissed by the enterprise

When the enterprise makes a layoff decision, if it is illegal to terminate the labor contract, it shall pay twice the amount of compensation to the affected employees according to the economic compensation standard. The so-called economic compensation refers to the standard that employees are paid one month's salary every full year according to their service years in the enterprise. If an employee leaves his/her job after more than six months but less than one year, the period will be regarded as a whole year; Otherwise, it only needs to bear the economic compensation responsibility of half a month's salary. As for salary, we take the average salary of employees in the first 12 months before the termination or cancellation of the labor contract as the reference basis. #Labor disputes 1404 readings

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