First, how to compensate for closing the store?
According to Item (4) or Item (5) of Article 44 of the Labor Contract Law, the employing unit shall give economic compensation to the workers in accordance with the provisions of Article 47.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. More than six months but less than one year is counted as one year; Pay economic compensation for half a month's salary to workers who are less than six months old.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.
Second, the compensation standard for employees who close the company.
According to the Labor Law, when the company goes bankrupt, employees should be compensated for the termination of the contract. The standard is: one month's compensation (average monthly salary) for one year's work and ten months' compensation for ten years' work.
According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (II), if the laborer can prove that the time promised by the employer is the specific date after the dissolution or termination of labor relations, the date promised by the employer is the date when the labor dispute occurs. If the laborer can't prove it, the date of dissolution or termination of the labor relationship is the date when the labor dispute occurs.
When a company goes bankrupt, the bankruptcy property will first compensate employees for their due income after paying off bankruptcy expenses and public welfare debts. Payment order of employee's due income:
The wages, medical care, disability allowance and welfare expenses of employees are included in the basic old-age insurance and medical insurance expenses of employees' personal accounts, as well as the compensation that should be paid to employees according to laws and administrative regulations. (The compensation is calculated according to the calculation length: one month's salary for one year, one month's salary for less than one year and six months, and one month's salary for less than six and a half months). If the bankruptcy property is insufficient to pay off the same order, it shall be distributed in proportion.
The unit needs to pay the corresponding economic compensation to the staff in accordance with the provisions of the Labor Contract Law. Where the rights and interests of other types of creditors are infringed, they may request the judicial organ to make a request for relief. Generally speaking, if the shareholders of the company are limited liability shareholders, they only need to bear the responsibility within the limit of their own capital contribution. The legal map has an online lawyer. If you have any questions, please feel free to consult.