In an employment relationship, an employer may sometimes need to dismiss an employee. According to the provisions of the labor law, a certain amount of compensation is required when an employee is dismissed. This article will introduce the compensation standards for employees who are dismissed in accordance with labor laws.
Netizen consultation:
Labor law compensation rates for dismissed employees
Lawyer answers:
1. The calculation of severance for dismissal of employees is based on the number of years the employee has worked in the unit, and there are the following standards:
1. One month's salary shall be paid to the worker for each full year
2. If it is more than six months but less than one year, it shall be calculated as one year;If it is less than six months, the worker shall be paid half a month's salary as economic compensation;
3. If the monthly wage of a worker is three times 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 shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid to him shall not exceed 12 years.
2. What are the circumstances of dismissal of employeesFor employers, there are the following four types according to the different costs to be paid for dismissal of employees:
1. Circumstances in which compensation is required to be paid for dismissal of employeesIf the employer dissolves or terminates the labor contract in violation of the relevant provisions of the Labor Law, if the employee does not request to continue to perform the contract or the contract can no longer be performed, the employer shall pay compensation to the dismissed employee in accordance with the law.
2. Circumstances requiring payment of compensation for dismissed employeesAccording to the law, the employer shall pay compensation to the dismissed employee under any of the following circumstances:
1) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law and dismisses the employee through legal procedures
2) If the employer decides not to renew the labor contract with the employee after the expiration of the labor contract, unless the employer maintains or improves the terms and conditions of the labor contract to renew the labor contract, unless the employee does not agree to renew the labor contract;
3) The employee is dismissed when the employer is declared bankrupt in accordance with the law or the employer has its business license revoked, ordered to close down, or revoked
4) The employer dismisses the employee when it decides to dismiss the employee in advance.
3. Circumstances requiring 30 days' notice or payment in lieu of notice as compensationIf the employee has any of the following circumstances, the employer only needs to notify the employee in writing 30 days in advance or pay the employee an additional month's salary if the employee terminates the labor contract
1) The worker is sick or injured not in the line of duty, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the employer;
2) The worker is still incompetent for the job after training or job adjustment;
3) There is a major change in the objective situation on the basis of which the labor contract was concluded, which makes it impossible to perform the original labor contract, and the labor contract cannot be changed after negotiation between the parties to reach an agreement.
4. Circumstances in which compensation for dismissal of employees is not required The employer may terminate the labor contract without notice if the employee has any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment conditions;
2) Serious violation of labor discipline and the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing significant losses to the interests of the employer;
4) At the same time, the establishment of labor relations with other employers, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer;
5) Using fraud, coercion or taking advantage of the danger of others to make the employer conclude or modify the labor contract contrary to its true intentions;
6) Those who have been investigated for criminal responsibility in accordance with law.
[Legal basis].
Civil Code of the People's Republic of China
Article 1071: Children born out of wedlock enjoy the same rights as legitimate children, and no one may harm or discriminate against them. A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.
Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1).
Article 49: The amount of child support may be determined on the basis of the actual needs of the children, the affordability of both parents, and the actual living standards of the locality. For those with a fixed income, maintenance can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more child support expenses are paid, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. Where there are special circumstances, the above proportion may be appropriately increased or decreased.
Article 50: Maintenance fees shall be paid on a regular basis, and may be paid in a lump sum where conditions permit.
Author: Fa Que Consulting.
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