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Every part-time worker in the workplace will encounter the time of resignation and job hopping, and when we take the initiative to leave, we will feel comfortable and happy;When a company lays off employees due to poor management, we will feel indescribably happy, after all, layoffs mean that we can get a large amount of compensation.
1. What is n, nn, 2n(n+1) ......
We often hear some conventional expressions of financial compensation or compensation, such as, n, nn, 2n(n+1) ......
Combined with the relevant provisions of the Labor Contract Lawn is actually a proxy for the number of years of service, and the economic compensation under normal circumstances is n.
"n": refers to the severance payment, severance = years of service x average salary for the 12 months before the employee leaves the company. It can be understood as: n represents the employee's seniority in the company, that is, the base of compensation and compensation. "n+1": Refers to severance payment + 1 month's payment in lieu of notice“2n": Refers to the compensation for the illegal termination of the labor contract by the unit, which is generally economic compensation x2“2n+1"and "2(n+1).""The two ways, without a legal basis, do not exist. Such a request is often the result of a misreading of the law by the worker or being misled by some "professionals" who seem to understand it. In reality, in order to resign from the employee agreement as soon as possible, some companies will propose 2N+1 compensation conditions.
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2. N and nn are applicable to different circumstances and cannot be both
The most misunderstood is when it is necessary to "+1", and many people, regardless of the reason for terminating the contract, think that they need to add an additional month of so-called payment in lieu of notice in addition to the financial compensation. The law does not stipulate that the "payment in lieu of notice" applies to every termination of the contract. Article 40 of the Labor Contract Law only stipulates "payment in lieu of notice".
Article 40 of the Labor Contract Law stipulates that:Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
Therefore, "payment in lieu of notice (+1)" can only be applied if the employer terminates the contract on the above three grounds without 30 days' written notice, and if the employer terminates the contract for other reasons than the above three reasons, or if the employer has given 30 days' written notice despite the above three reasons, the employee's request for the employer to pay "wages in lieu of notice" cannot be supported by law.
It should be noted that, according to Article 40 of the Beijing Labor Contract Regulations, if the employer terminates the labor contract upon the expiration of the labor contract, the employer shall notify the employee 30 days in advance, and Article 47 stipulates that if the employer fails to notify the employee 30 days in advance of the termination of the labor contract, the employee shall be compensated for one day's wage for each day of delay based on the average daily wage of the employee in the previous month. This is a special kind of "payment in lieu of notice" stipulated in local regulations, and throughout the country, only Beijing has such a provision.
Some people believe that Article 41 of the Labor Contract Law stipulates that "the employer shall explain the situation to the trade union or all employees 30 days in advance", and if the employer fails to explain the situation to the trade union or all employees 30 days in advance, should the employer pay the employee "wages in lieu of notice"?
In my opinion, the Labor Contract Law stipulates that one month's salary can be used instead of the notice period is limited to the three circumstances stipulated in Article 40 of the Labor Contract Law, and if the employer lays off employees in accordance with Article 41 but fails to explain the situation to the trade union or all employees 30 days in advance, it is an illegal termination of the contract, and the employer should bear the legal consequences of the illegal termination of the contract, that is, pay 2N, and there is no legal basis for the employee to demand the payment of "wages in lieu of notice".
Of course, regardless of N, NN, or 2N (N+1), if the employer and the employee can reach a consensus and the employer agrees to pay, it is the parties' own disposition of their own rights, and the law does not interfere.
Attached: Labor Contract Law
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees, or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting the personnel reduction plan to the labor administrative department.
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