Enquiring knowledgeable people Inquisitive education Hospital Treasury

Compensation standard for dismissal of employees

home page

Compensation standard for dismissal of employees


        

Submit answer
Favorable reply
  • 2024-05-26 08:00:43

    The company dismisses employees in two modes: legal termination of contractual relationship and illegal termination of contractual relationship. The former requires no compensation, while the latter requires compensation.

    1、 Legal termination. In Article 39 of the Labor Contract Law, the employer may terminate the labor contract if a worker has any of the following circumstances:

    (1) It is proved that the employee does not meet the employment conditions during the probation period;

    (2) Seriously violating the rules and regulations of the employing unit;

    (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;

    (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer;

    (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

    (6) Being investigated for criminal responsibility according to law.

    The dismissal of the Company in accordance with Article 39 of the Labor Contract Law falls within the scope of legitimate dismissal, and the employer does not need to pay economic compensation.

    2、 Illegal dismissal. In Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the worker in any of the following circumstances:

    (1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law (if the employer has violated the law or breached the contract, the laborer can terminate the labor contract at any time or immediately, and has the right to obtain economic compensation);

    (2) The Employer proposes to terminate the labor contract with the worker in accordance with the provisions of Article 36 of this Law and reaches an agreement with the worker to terminate the labor contract (both parties reach an agreement to terminate the labor contract, but the Employer proposes to terminate the motion);

    (3) The Employer terminates the labor contract in accordance with the provisions of Article 40 of this Law (the laborer is sick or injured not at work, and cannot engage in the original work or other work arranged by the Employer after the prescribed medical treatment period expires);

    (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law (in economic layoffs, the employee has no fault, and the employer is forced to terminate the labor contract of some of the employees for the development of the enterprise and the rights and interests of most of the employees);

    (5) The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal.

    (The employer agrees to renew the labor contract, but reduces the agreed conditions of the labor contract. If the employee does not agree to renew the labor contract, the employer shall pay economic compensation; if the employer does not agree to renew the labor contract, the employer shall pay economic compensation regardless of whether the employee agrees to renew the labor contract or not);

    (6) The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law (the employer is declared bankrupt according to law, and the labor contract is terminated);

    (7) Other circumstances stipulated by laws and administrative regulations.

    3、 Amount of compensation. The economic compensation shall be paid to the 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.

    The monthly wage of the laborer is three times higher than the average monthly wage of the employees in the previous year in the region announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employing unit is located.

    The standard of economic compensation paid to them shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to them shall not exceed twelve years.

    The general model for calculating economic compensation is: length of service × economic compensation due for each year of work.

    [Legal Basis]

    Article 47 of the Labor Contract Law states that 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.

    The monthly wage of the laborer is three times higher than the average monthly wage of the employees in the previous year in the region announced 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 them shall be three times the average monthly salary of the employees, and the maximum period of economic compensation paid to them shall not exceed twelve 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.

    Not***

    2024-05-26 08:00:43

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):