Severance payments
What are the circumstances in which financial compensation is payable?
From the perspective of the difference between the employee's resignation and the employer's termination of labor, it is mainly divided into two situations: negotiated termination, unilateral termination by the employee and unilateral termination by the employer1. Termination through negotiation or unilateral termination by the employeeIf the employer and the employee agree to terminate the labor contract through consultation, the labor contract shall be terminated by consultation30 days in advance for workersRaise it first, thenThe employer is not required to pay economic compensation. However, if the employee requests to terminate the labor contract for the following reasons, the employerSeverance payments are requiredAnd laborersNo need to 30 days in advanceNotify the employer, i.e., failure to provide labor protection or working conditions in accordance with the labor contract;Failure to pay labor remuneration in full and in a timely manner;Failure to pay social insurance premiums for workers in accordance with the law;The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;Other circumstances under which an employee may terminate a labor contract as provided by laws and administrative regulations. If it is made ofProposed by the employer, then economic compensation is also required if both parties agree to do so. 2. Unilateral termination by the employerThe employer can terminate the labor contract mainly includes:1. Negligence dischargeIt mainly refers to the fact that the employer may not pay severance without prior notice due to the employee's violation of the following circumstances, i.e., the employee is proved to be ineligible for employment during the probationary period;Serious violation of the rules and regulations of the employer;Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;Those who have been pursued for criminal responsibility in accordance with law. 2. Non-negligent dischargeThe enterprise needs to terminate the labor contract with the employee due to the following circumstances:30 days' notice or payment of one month's salarycase,Payment of severance payments, i.e., the worker is unable to perform the original job or work arrangement after the expiration of the medical treatment period for illness or non-work-related injury;Incompetent for the job, still incompetent after training or transfer;Where there is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, 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. However, it should be noted that the employer shall not terminate the labor contract in accordance with the method of negligent termination or economic layoff when the employee is in the following circumstances: the employee who is engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation;Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;Illness or non-work-related injury, within the prescribed medical treatment period;Female employees during pregnancy, childbirth, or lactation;Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;Other circumstances provided for by laws and administrative regulations. 
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Calculation of severance severance payment
n and nn are common names in practice. Taking N as an example, combined with the relevant provisions of the Labor Contract Law, N is the number of years of service, which is used to refer to the economic compensation in the Labor Contract Law. 1. Formula for calculating severance payments1. General severance formula = s ns: refers to the average salary of the employee in the 12 months before the termination or termination of the labor contract, if the monthly salary of the employee is higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation paid to the employee shall be paid at the amount of 3 times the average monthly salary of the employee, and the maximum period of service shall not exceed 12 years. n：The employee shall be paid one month's salary for each full year of service in the employer. If it is more than 6 months but less than 1 year, it will be calculated as 1 year;If it is less than 6 months, the worker shall be paid half a month's salary as economic compensation. Reminder:The average monthly wage in the severance payment refers to the actual average monthly wage of the employee in the 12 months prior to the termination of the employment contract, not just the basic salary agreed in the employment contract. According to the Opinions of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China, "wages" refer to the labor remuneration paid directly by the employer to the employees in the form of money in accordance with the relevant provisions of the state or the provisions of the labor contract, generally including hourly wages, piecework wages, bonuses, allowances and subsidies, wages and remuneration for extended working hours, and wages paid under special circumstances. 2. The formula of severance payment in lieu of notice = s n + s (above) 1N+1: In the event of a non-wrongful termination, 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. S (above) 1: The additional wages to be paid shall be determined in accordance with the wage rate of the worker in the previous month. 3. The formula for compensation for illegal termination = s 2n2n: If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, it shall pay compensation to the employee in accordance with twice the general economic compensation standard. Second, n and nn should beWith the application of 1 and n combined with the relevant provisions of the Labor Contract Law, N is actually a proxy for the number of years of service, and the economic compensation under normal circumstances is n. 2. Application of N+1 Article 40 of the Labor Contract Law will involve N+1: the employee is sick or injured not due to work, and cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer;The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;Where there is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, 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. The contract may be terminated after giving the employee 30 days' written notice or paying an additional month's salary. nThe compensation for illegal termination of labor contract is 2n, for example, failure to pay labor remuneration, failure to pay social insurance, etc. PS: Some people have put forward concepts such as 2n (n+1) on the Internet, but there is no legal basis for these.
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