Yuhuan county lawyer Yang Chun Pingdu lawyer Fenggang county lawyer Pingnan county lawyer Shizhong district lawyer Yongchang county lawyer With the popularization of legal knowledge, more and more workers know how to safeguard their labor rights and interests, especially when they are dismissed by the company without reason. So how should workers protect their legitimate rights and interests when they are dismissed by the company? Therefore, workers must understand the compensation standard for employees dismissed by the company. The following 365 lawyer Bian Xiao introduces how to calculate the compensation for dismissing employees. 1. What is the reason for the company to dismiss you? Compensation or compensation varies for different reasons. 2. If you have the following circumstances, the company does not need to compensate you or compensate you: (1) It is proved that you do not meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (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 the unit, or the employer refuses to correct it; (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. 3. The employer may terminate the labor contract (that is, the compensation of n+ 1 month's salary) after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary, provided that: (1) the employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation. 4. The company negotiates with you to terminate the labor contract. If you agree, you will be compensated according to the standard of one month's salary for one year. 5. If the company terminates the labor contract illegally, it shall pay compensation according to the standard of two months' salary a year. Six, economic compensation according to the number of years of work in this unit, pay one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. To sum up, the compensation standard for dismissing employees is different. Workers must know something about it in order to get reasonable compensation when the company dismisses you and safeguard their legitimate labor rights and interests.
Legal objectivity:
Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the standard that the employee pays one month's salary for every year of working in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. Article 87 of the Labor Contract Law If an employing unit dissolves or terminates a labor contract in violation of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this law.