Detailed explanation of the difference between labor compensation n 1 and 2n and protection of right

Mondo Cars Updated on 2024-02-06

As a worker, of course, you should pay attention to the various provisions of the labor law. Because only in this way can the rights and interests of individuals be safeguarded. "N+1" and "2N" in labor compensation are two different compensation methods, and these two different compensation methods have different application scenarios and calculation methods in China's labor law.

Below, I will explain these two types of compensation in detail from a professional point of view.

N+1 compensation occurs when the employer fails to give 30 days' notice to the employee when the employer terminates the employment contract. The "n" here indicates the number of years the worker has worked in the enterprise, while the "+1" indicates the payment in lieu of notice for one month's salary. That is, to make up for an extra month's salary.

If the employer fails to notify the employee 30 days in advance in accordance with the provisions of the Labor Law when terminating the labor contract, it shall pay the employee one month's salary for each full year of service in the employer.

An additional payment in lieu of notice is also required to pay the worker one month's salary.

This is known as the "n+1" calculation.

Of course, the monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or dissolution of the employment contract. This includes hourly or piece-rate wages, allowances and subsidies, etc.

2n" compensation arises in the event that the employer illegally dissolves or terminates the employment contract. The "2n" here means that the employer shall pay compensation to the employee according to the number of years of service in the employer and the rate of paying two months' wages for each full year.

If the employer dissolves or terminates the labor contract in violation of the law, fails to reach an agreement with the employee and fails to follow the legal procedures, etc., it must pay compensation to the employee in accordance with the above standards. This is how the "2N" compensation is calculated. Of course, if the employer and the employee reach an agreement on additional compensation conditions, then there will naturally be no 2n compensation here.

Of course, the monthly wage here also refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

1.The application scenarios are differentThe "N+1" compensation applies to the employer's failure to notify the employee 30 days in advance of the termination of the employment contract, while the "2N" compensation applies to the employer's illegal termination or termination of the employment contract.

2.The calculation is differentThe "N+1" compensation is calculated according to the standard of one month's salary for each full year of the employee's service in the company, and at the same time pays an additional month's wages in lieu of notice; The "2N" compensation is calculated according to the employee's number of years of service in the employer and two months' wages for each full year.

3.The nature of the law is differentThe "N+1" compensation is a kind of compensation when the employment contract is legally terminated, while the "2N" compensation carries a penalty for the employer's illegal acts.

1.In practice, the employer should choose the compensation method that meets the requirements according to different circumstances, and calculate and pay it in strict accordance with the law.

2.When facing the termination of an employment contract, employees should be aware of their rights and interests and compensation standards, and if they have any problems, they can promptly file a complaint with the labor inspection department or seek legal assistance.

Through the above analysis, we can see that there are obvious differences between "N+1" and "2N" compensation in terms of application scenarios, calculation methods and legal nature.

In practice, employers should carefully understand these differences and comply with the law. If workers have a deeper understanding of these contents, they will be able to better protect their legitimate rights and interests.

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