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Compensation standard for termination of labor contract

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Compensation standard for termination of labor contract


        

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  • 2024-06-18 01:00:57

    (1) After the parties to the labor contract reach consensus through consultation, if the labor contract is terminated by the employer, the employer shall pay economic compensation equal to one month's salary for each full year of the employee's working years in the unit, up to a maximum of 12 months. Those who have worked for less than one year shall be paid economic compensation according to the standard of one year.
    (2) If the labor contract is terminated because the laborer is sick or not injured at work and cannot engage in the original work or other work arranged by the employer, the employer shall pay economic compensation equivalent to one month's salary for each full year of his work in the employer, and at the same time shall pay medical subsidies not less than six months' salary, The medical subsidy shall also be increased for those suffering from serious diseases or incurable diseases. The increased part of the medical subsidy for those suffering from serious diseases shall not be less than 50% of the medical subsidy, and the increased part of the incurable diseases shall not be less than 100% of the medical subsidy.
    (3) If a laborer is not competent for his job and is still not competent for his job after training or job adjustment, and the employer terminates the labor contract, the employer shall pay economic compensation equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months.
    (4) If the objective conditions on which the labor contract is based at the time of conclusion have changed significantly, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation, and the employer terminates the labor contract, the employer shall pay economic compensation equivalent to one month's salary for each full year of service in the employer.
    (5) During the period of legal rectification when the employer is on the verge of bankruptcy or has serious difficulties in production and operation, if it is necessary to reduce the number of employees, the employer shall pay economic compensation equivalent to one month's salary for each full year of the number of years the reduced employees have worked in the unit.

    Article 47 of the Labor Contract Law, economic compensation shall be paid to workers according to the number of years they have worked in the unit, and the standard of one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year; If the period is less than six months, the employee shall be paid economic compensation of half a month's salary.
    If the monthly salary of a worker is three times higher than the average monthly salary of the employees in the previous year published by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the worker shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to the worker shall not exceed 12 years.
    The monthly wage mentioned in this article refers to the average wage of the laborer for the twelve months prior to the dissolution or termination of the labor contract.

    You***

    2024-06-18 01:00:57

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