How to calculate economic compensation for lifting labor contracts?

In many cases, employers and workers

Lift or end labor contract

Need to pay economic compensation

So, how to calculate economic compensation?

This article takes you to understand

Economic compensation according to workers

The years of working in this unit

Pay a month of salary per year

Pay to workers

If it is less than one year or not for one year, it is calculated at one year; if it is less than six months, the economic compensation of the workers pays half a month of salary.

Labor monthly salary

If the average monthly salary of employees' monthly salary of employees in the region of the municipal -level people's governments directly under the jurisdiction and district of the municipal -level people's government, the standards for paying economic compensation will be paid according to the average monthly salary of the employee, and the economy is paid to the economy. The maximum period of compensation does not exceed 12 years.

The monthly salary here

It means that the worker is before the labor contract is lifted or terminated

12 months of average salary

If it is less than 12 months

Calculate the average salary according to the actual monthly number

ask

Do employees do not renew their employees during the fixed period of labor contracts, do they need to pay economic compensation?

According to Article 44 and 46 of the Labor Contract Law, in addition to the renewal of the labor contract for the employer to maintain or improve the provisions of the labor contract, the worker does not agree with the renewal situation, the fixed term due to the end of the labor contract period is ended. For labor contracts, employers shall pay economic compensation to workers.

ask

When the labor contract period is ended, when will the employer pay the economic compensation to the workers?

According to Article 50, paragraph 2 of the Labor Contract Law, workers shall handle work transfer in accordance with the agreement between the two parties. If the employer shall pay the economic compensation to the workers in accordance with the relevant provisions of this law, pay the payment when the work is handed over.

ask

The unit merger, how can the new employer lift the labor contract to calculate the period of economic compensation?

In the case of consolidation or separation of employers, the original labor contract continued to be effective, and the labor contract was continued to perform by the employer that inherited its rights and obligations. If the worker is not arranged to work from the original employer from the original employer for his reason, the working life of the workers in the original person unit is calculated as the working life of the new employer. If the original employer has paid the economic compensation to the workers, the new employer will no longer calculate the working life of the workers in the original use person's work in accordance with the law of termination and termination of labor contract calculation and payment of economic compensation.

ask

Workers have been terminated by the enterprise due to serious violation of the rules and regulations formulated by the enterprise in accordance with the law. Does the enterprise need to pay economic compensation?

If the company's serious violations of the rules and regulations formulated by the enterprise in accordance with the law, and the termination of the labor contract, if it does not belong to the labor contract law, it shall pay the economic compensation to the workers without paying economic compensation.

Source 丨 Jihe.com Comprehensive self -self -self -contained Ministry of Human Resources and Social Security WeChat

Edit 丨 Yuan Shida

Review 丨 Li Zhuang Zhang Guiming

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