The method of calculating the compensation of employees of bankrupt enterprises.
1. The scope of calculation of compensation for employees of bankrupt enterprises.
According to the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, if an employer terminates a labor contract for statutory reasons, it shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
2. Calculation standards for compensation for employees of bankrupt enterprises.
1.Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
2.Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.
3.The monthly wages for economic compensation stipulated in the Labor Contract Law shall be calculated according to the wages due to the employee, including hourly wages or piece-rate wages, as well as monetary income such as bonuses, allowances and subsidies.
4.If the average salary of an employee in the 12 months prior to the termination or termination of the labor contract is lower than the local minimum wage standard, it shall be calculated in accordance with the local minimum wage standard.
5.If there is a change in the wage standard corresponding to the position of the employee before and after the termination of the labor contract, the salary and benefits of the employee may also be adjusted after the employer and the employee reach an agreement through consultation.
6.The monthly wage standard for calculating economic compensation shall be determined according to the wage standard corresponding to the position where the worker is located, and the technical positions and logistics service positions are highly mobile and changeable, and their post allowances, transportation subsidies and other welfare benefits are generally correspondingly varied and changeable, and the wage standards of the corresponding positions shall be calculated according to the corresponding positions when calculating economic compensation.
7.The employer has no right to change the content of the labor contract without authorization, nor is it allowed to reduce the employee's treatment.
3. The method of payment of compensation for employees of bankrupt enterprises.
1.Severance paid to employees in the form of money in a lump sum.
2.Transformed into social insurance and into an unemployment insurance system.
4. The time limit for the payment of compensation for employees of bankrupt enterprises.
According to the Labor Contract Law and the Regulations for the Implementation of the Labor Contract Law, if an employer terminates a labor contract for statutory reasons, it shall pay economic compensation to the employee. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.
5. Procedures for the payment of compensation for employees of bankrupt enterprises.
1.The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
2.The certificate of termination or dissolution of the labor contract issued by the employer shall clearly state the term of the labor contract, the date of dissolution or termination of the labor contract, the position of the employer, the number of years of service in the employer, and the economic compensation to which the employer should be entitled.
3.The employer shall pay severance to the employee in accordance with the relevant national and local regulations. The employer shall reasonably determine the standard and scope of severance based on the economic efficiency of the unit and the average wage level of the employees. The standard of severance shall not be less than 50 percent of the worker's wages for normal working hours, and the maximum shall not exceed 300 percent of the wages of the workers for normal working hours;There are two types of severance payments: one-time payment and instalment payment.
4.If an employer arranges an employee to work on statutory holidays and rest days, it shall pay overtime pay at a rate not less than 300% of the employee's wages for normal working hoursThe employer shall not refuse to pay or deduct the wages and bonuses of the employee on the grounds that the production tasks are insufficient or there are no work tasks;If the employer terminates the labor contract due to insufficient production tasks or no work tasks, it shall provide economic compensation in accordance with the relevant provisions of the state.
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