1. The economic compensation shall be calculated according to the number of years the employee has worked in this unit, and the employee shall be paid one month's salary every year.
2. If the working time is over six months but less than one year, it shall be counted as one year.
3. If the working hours are less than six months, the economic compensation of half a month's salary shall be paid to the workers.
4. If the monthly salary of employees is three times higher than the average monthly salary of employees in the previous year where the employer is located, the standard for paying economic compensation shall be calculated according to the average monthly salary of employees, but the longest period for paying economic compensation shall not exceed twelve years.
According to Article 38 of the Labor Contract Law, if the employing unit is under any of the following circumstances, the employee may propose to be forced to terminate the labor contract and ask the company to pay compensation:
1. Failing to provide labor protection or working conditions as agreed in the labor contract (such as giving employees a holiday by force).
2. Failure to pay labor remuneration in full and on time (such as unpaid wages beyond the agreed time, employees working overtime but not getting overtime pay, etc.). )
3. Failing to pay social insurance premiums for workers according to law (if the amount not paid or paid is less than the amount stipulated by the state, it belongs to failing to pay social insurance premiums for staff).
4. The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers (for example, employees are not allowed to leave their jobs without the consent of the unit, etc.). ) To sum up, Article 38 of the Labor Law also aims at providing resignation, but it is special to leave according to the provisions of Article 38, because the company has not paid labor remuneration or paid social security, or forced workers to work in this violent form, which has infringed on the basic legitimate rights and interests, and the company immediately left.
Legal basis:
People's Republic of China (PRC) labor contract law
Article 38
If the employer fails to pay the labor remuneration in full and on time, or fails to pay the social insurance premium for the employee according to law, the employee may terminate the labor contract.