In some special industries, employers will require workers to sign confidentiality agreements with them. If the labor relationship is terminated in the future, the employer shall compensate the confidentiality fee according to the agreement. So what is the compensation standard for the employer to lift the confidentiality of labor relations? How should the employer compensate for the illegal termination of labor relations? These problems involve the vital interests of workers. Let's do a simple study with this article by Bian Xiao.
1. What is the confidentiality compensation fee for the employer to terminate the labor relationship?
1. If you sign a confidentiality agreement, the company will also pay you compensation. In other words, after the termination of the contract, in addition to the normal salary and severance payment, the company will pay you another compensation. If you violate the confidentiality agreement at the appointed time, the company can ask you to return the compensation and compensate the company for a certain amount.
2. According to the provisions of the Labor Contract Law, if the employer dissolves or terminates the labor contract illegally, it shall pay the laborer compensation twice as much as the economic compensation standard. The standard of economic compensation is: workers pay one month's salary for every year they work in this unit. For more than half a year but less than one year, it shall be counted as one year; Pay half a month's salary for less than half a year. The highest salary is 12 months. Monthly salary: my average monthly salary in the previous year.
2. Under what circumstances can the employer terminate the labor contract?
In any of the following circumstances, the employer may terminate the labor contract:
1, proved to be unqualified for employment during the probation period;
2, a serious violation of the rules and regulations of the employer;
3, 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.
Third, how does the employer need to compensate for the termination of labor relations?
1. The economic compensation of the laborer shall be paid by the employer in one lump sum.
2. If the employing unit deducts or defaults the wages of the workers without reason and refuses to pay the wages of the workers for extended working hours, it shall pay the wages of the workers in full within the specified time, and also pay economic compensation equivalent to 25% of the wages.
3. If the wage paid by the employer to the laborer is lower than the local minimum wage standard, it is necessary to make up the part below the standard and pay the economic compensation equivalent to 25% of the part below.
4. If the parties to the labor contract reach an agreement through consultation, the employer shall pay the economic compensation equivalent to one month's salary for every full year, and the longest period shall not exceed twelve months. If the working time is less than one year, the economic compensation shall be paid according to the standard of one year.
5. If an employee is sick or injured non-work-related, and the labor contract is terminated after being confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay the economic compensation equivalent to one month's salary for each full year, and at the same time, it shall pay the medical subsidy of not less than six months' salary. For those suffering from serious diseases and terminal diseases, medical subsidies should also be increased. The increase of serious illness is not less than 50% of Medicaid, and the increase of terminal illness is not less than 100% of Medicaid.
To sum up, if we work in a special industry and have signed a confidentiality agreement with the employer. Then when we apply for resignation, we should be clear about the compensation for lifting the confidentiality of labor relations. In this way, through the compensation obtained, we can know whether the employer has paid the compensation in full. If the employer underpays or refuses to pay compensation, we can appeal to it or mediate through a third party. For more related questions, please consult Jiangmen lawyer.