Recently, many netizens have consulted: Can I get 2n compensation if I am dismissed by the company?
First of all, the lawyer of Hequan gave his friends a simple popularization of the law:The n here is the number of years of service.
More than half a year is counted as n=1, and less than half a year is n=05. If you work for 2 years n = 2 and you are dismissed after 2 years of service, if you work for 2 n, it is equal to 4 months of salary compensation.
In reality, if an employee is dismissed by an employer, it should be discussed on a case-by-case basis.
First of all, it is necessary to confirm whether it is a legal or illegal dismissal.
If the employee is dismissed due to the employee's own problems, such as the employee's gross negligence, that is, legal dismissal, the employer may not pay economic compensation;
If the employee is dismissed due to the company's reasons, the dismissal is legal and the severance is paid, i.e., n or n+1;
If the employee is not grossly negligent and the employer is operating normally, but the employer dismisses the employee illegally, it needs to pay compensation, i.e., 2n.
Under what circumstances can I get N or N+1 compensation?
If the employer proposes to terminate the employment contract without the employee's own fault, it is required to notify the employee in writing 30 days in advance, and compensation is required for this situation.
What is N+1? In fact, this 1 refers to "wages in lieu of notice", if the employer does not inform the employee 30 days in advance, it also needs to pay the employee an additional month's salary, that is, N+1.
Under what circumstances can I get 2n compensation?
In accordance with Article 87 of the Labor Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.
So when exactly can we claim 2n? To put it succinctly and clearly, the employer and the employee illegally terminate the labor contract.
According to the provisions of the Labor Contract Law, if an employer dismisses an employee in violation of the law, if the employee requests to continue to perform the labor contract, it shall continue to perform. If the labor contract cannot be performed or the employee does not request to continue to perform, the employee shall pay compensation, i.e., severance of double the salary, i.e., 2n.
As long as the employee is not grossly negligent and the employer is operating normally, the employer cannot dismiss the employee, otherwise it will be an illegal dismissal!
Do not accept the transfer and leave the job
Can I claim severance payments?
If the transfer is not reasonable, or the interests of the employee are seriously damaged after the transfer, the employer shall negotiate with the employee to settle the problem, and if the settlement cannot be reached through negotiation, the employer shall also pay the severance according to the employee's length of service in the employer, according to the wage standard of one month for each full year, half a month's salary for less than half a year, and one month's salary standard for less than half a year.
The employer shall also give the employee 30 days' written notice in advance, or pay an additional month's salary instead.
Employees should be aware of:
1) Do not submit a resignation letter.
2) Obtain a written document of the company's transfer, explain the company's practices with information, you can refuse the company's transfer notice, and explain the reasons.
3) Keep the previous performance appraisals, as well as some quantitative indicators, as proof of competence.
I hope the above content can help you, if you need to consult legal issues, you can comment and reply, and the lawyer will answer you one by one.
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