2. Economic compensation standard: Economic compensation = working years × monthly salary.
The calculation standard of working years is: the economic compensation is paid to the employee according to the working years of the employee in the unit and the standard of paying one month's salary every year. If it is less than 1 year for more than 6 months, it shall be calculated as 1 year; Less than 6 months, according to the salary standard of half a month.
The calculation standard of monthly salary is: according to the relevant regulations of the state, the monthly salary of economic compensation is the average monthly salary of the employee 12 months before the termination of the labor contract under the normal production conditions of the enterprise, and the calculation standard of minimum wage shall not be lower than the local minimum wage standard.
3. Pay economic compensation for the above 12 cases:
(1) The employer terminates the labor contract illegally;
(two) the parties to the labor contract reach an agreement through consultation, and the employer terminates the labor contract;
(3) The employer terminates the factual labor relationship in advance;
(4) The employer forces the laborer to work by means of violence, coercion or illegal restriction of personal freedom, or the employer fails to pay labor remuneration or provide working conditions as agreed in the labor contract, resulting in the employee's resignation;
(five) the employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee;
(six) the employer refuses to pay overtime wages or pay workers wages lower than the local minimum wage;
(7) The labor contract is terminated because the employee is sick or injured non-work-related, and it is confirmed by the labor appraisal committee that he can't do the original job or the job arranged by the employer;
(8) The employer terminates the labor contract because the employee is not competent for the job and is still incompetent after training or job adjustment;
(9) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform, and the employer terminates the labor contract because the parties cannot reach an agreement on changing the labor contract through consultation;
(10) The employer is on the verge of bankruptcy and has to lay off employees and terminate the labor contract during the period of legal rectification or serious difficulties in production and operation;
(1 1) The employer goes bankrupt or is dissolved during the term of the labor contract;
(12) Where the labor contract is terminated and there are special local regulations that require payment of economic compensation.