In addition to settling all employees' salaries, the company also needs to make economic compensation for employees, and the specific compensation amount depends on the actual situation. Because the economic compensation is paid to the laborer according to the number of years he has worked in this unit and the standard of paying one month's salary for every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
referring to article 46 of the labor contract law of the people's Republic of China, the employer shall pay economic compensation to the employee under any of the following circumstances:
(1) the employee terminates the labor contract in accordance with the provisions of article 38 of this law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 41 of this Law;
(4) the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) The fixed-term labor contract is terminated in accordance with the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) the labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(7) other circumstances stipulated by laws and administrative regulations.
referring to article 47 of the labor contract law of the people's Republic of China, the economic compensation is paid to the employee according to the number of years he has worked in this unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
if the monthly salary of a worker is three times higher than the average monthly salary of employees in the local area published by the municipal 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 the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.
the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
expanded information
referring to article 41 of the labor contract law of the people's Republic of China, in any of the following circumstances, if it is necessary to lay off more than 21 employees or less than 21 employees, but accounting for more than 11% of the total employees of the enterprise, the employer shall explain the situation to the trade union or all employees 31 days in advance, and after listening to the opinions of the trade union or employees, the staff reduction plan may be reported to the labor administrative department:
(1)
(2) serious difficulties occur in production and operation;
(3) The enterprise needs to reduce its staff after changing the labor contract due to the change of production, major technological innovation or adjustment of operation mode;
(4) The labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract was concluded.
When retrenching personnel, priority should be given to retaining the following personnel:
(1) concluding a long-term fixed-term labor contract with the unit;
(2) concluding an open-ended labor contract with this unit;
(3) There are no other employees in the family, and there are elderly people or minors who need to be supported.
if the employing unit reduces the number of employees in accordance with the provisions of the first paragraph of this article, and re-hires employees within six months, it shall notify the retrenched employees and give priority to recruiting the retrenched employees under the same conditions.
referring to article 42 of the labor contract law of the people's Republic of China, if a worker is under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of articles 41 and 41 of this law:
(1) the worker who is exposed to occupational hazards has not undergone occupational health examination before leaving his post, or is suspected of having an occupational disease patient during diagnosis or medical observation;
(2) Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured at work, within the prescribed medical treatment period;
(4) Female employees are in pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and less than five years before the statutory retirement age;
(6) other circumstances stipulated by laws and administrative regulations.
referring to article 85 of the labor contract law of the people's Republic of China, if an employer is under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage, the difference shall be paid; If the payment is not made within the time limit, the employer shall be ordered to pay compensation to the laborer according to the standard of more than 51% and less than 111% of the payable amount: < P > (1) Failing to pay the laborer's labor remuneration in full and on time in accordance with the stipulations of the labor contract or the provisions of the state;
(2) paying workers' wages below the local minimum wage standard;
(3) arranging overtime without paying overtime;
(4) dissolving or terminating the labor contract and failing to pay economic compensation to the workers in accordance with this regulation.
China People's Congress Network-Labor Contract Law of the People's Republic of China