What compensation can employees get for temporary dismissal

1、 What compensation can employees get for temporary dismissal

According to relevant statute The clause clearly stipulates that if both parties to the contract fail to sign in writing Labor contract , then when the employer terminates or abolishes the Labor relations At that time, corresponding economic compensation must be paid to employees according to law;

If the payment fails to comply with this provision Economic compensation An additional amount of economic compensation shall be paid.

However, if the employer has signed a labor contract with the employee, and the labor contract is about to expire, the employer and the employee will terminate the contract without paying any form of economic compensation.

However, if the employer deliberately delays signing the labor contract (including the failure to renew the completed labor contract after the expiration of the time limit), the salary payment Industrial injury treatment As well as medical treatment and other losses, unless the factory can bear the corresponding liability for compensation according to law, it must also pay 25% of the additional compensation fee, which is strictly implemented by the labor administrative department.

In addition, the labor administrative department can also exercise its power to require the employer to pay damages , giving administrative sanction And other severe measures. If the employer fails to sign the labor contract, the employee can send the labor supervision The labor administrative department has the right to order the employing unit to make formal rectification and may impose corresponding fines on them once the department files a complaint after relevant investigation and verification.

The People's Republic of China Labor Contract Law 》Article 82

If an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay twice as much as wages 。 The employer does not conclude a contract with the worker in violation of the provisions of this law Non fixed term labor contract The employee shall be paid twice the salary every month from the date when an open-ended labor contract should be concluded.

2、 What is the compensation standard for temporary dismissal of employees

If your company decides to temporarily dismiss some employees, the specific details of their compensation methods include:

First of all, the company needs to pay the employee economic compensation equal to his monthly salary per full year based on the length of his/her tenure in the company.

If the employee has served for more than six months but less than one year, it is deemed that he has served for a whole year;

On the contrary, if it is less than six months, the company must also pay the employee economic compensation equivalent to his half monthly salary.

The so-called "monthly salary" means that the employee is working rescission of a contract Or the average income obtained in the previous 12 months from the date of termination.

Secondly, if the company chooses to dismiss an employee, it will be deemed as violating the provisions of the labor contract, so it is necessary to pay compensation to the employee at twice the standard of economic compensation.

In other words, according to the length of service of the employee in the company, the compensation equivalent to two months' salary shall be paid to the employee every full year.

Similarly, if the employee has served for more than six months but less than one year, it is deemed that he has served for a whole year;

On the contrary, if it is less than six months, the company must also pay compensation equal to one month's salary to the employee.

Article 39 of the Labor Contract Law of the People's Republic of China

The Employer may Termination of labor contract ：

（1） On probation period It has been proved that it does not meet the employment conditions;

（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） Due to the circumstances specified in Paragraph 1, Article 26 of this Law Invalid labor contract Of;

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

Law is a universal constraint, which not only protects our rights and interests, but also regulates our behavior. Each of us should fully understand and understand the law in order to better protect our rights and better live in this society ruled by law. As the title of this article puts forward, "What compensation can employees get for temporary dismissal of the company", the study and understanding of law is a long-term task, which needs our constant efforts and exploration. We should cherish this process and regard it as an opportunity for self-improvement so as to better adapt to social development and change.