How to calculate one month s salary for illegal dismissal?

Mondo Social Updated on 2024-01-29

In the case of illegal dismissal, the amount of compensation wages in the liquidated damages is usually calculated according to certain rules and standards. In most cases, this involves the calculation of the employee's average monthly salary for the last 12 months.

First of all, it is important to be clear that the calculation of the amount of compensation is not based on the highest or minimum wage month of the employee's career. This is because salary figures are constantly changing and are influenced by a variety of factors, such as work experience, job title, company performance, etc. Therefore, it is inaccurate to simply use the highest or lowest monthly wage as the calculation standard. Instead, the amount of compensation is usually calculated based on the employee's average monthly salary for the last 12 months. These 12 months usually refer to the last 12 months of the employee's employment with the company, or the last 12 months during which the employee was able to receive a salary while working for the company. The average monthly salary is calculated by dividing the total salary for those 12 months by 12.

This calculation method is relatively objective and unbiased, as it reflects the actual salary level of the employee working for the company. At the same time, this is also in line with the provisions of the labor law, ensuring the reasonableness and accuracy of the compensation amount. It is important to note that the exact calculation methods and standards may vary depending on the region, company policies or labor regulations. Therefore, when dealing with such issues, it is best to consult with a local labor law professional or the company's HR department to ensure that the relevant regulations are understood and followed.

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