I. Settlement of severance pay
The labor law provides for the settlement of severance pay, that is, in accordance with the actual number of days worked or the amount of work completed by the employee. Employers should calculate the wages due to employees before they leave their jobs and settle them in a lump sum at the time of leaving, according to the agreement in the labor contract and the company's wage system.
Second, the settlement time of the severance pay
The labor law also stipulates the settlement time of the severance pay. Generally, the employer should complete the settlement of wages and pay them within the legal time from the date of the employee's departure. The exact time limit may vary depending on the region or industry, but usually should not exceed one month. Employers should try to complete the settlement of wages as early as possible to avoid causing unnecessary distress to employees.
Third, the rights and interests of the settlement of severance pay
The labor law also provides rights and interests for employees in the settlement of severance pay. If an employer fails to settle or pay wages in accordance with the regulations, the employee has the right to file a complaint with the labor inspection department and can demand the employer to pay the arrears of wages and the corresponding compensation according to the law. In addition, the labor law also stipulates that the employer shall not deduct the employee's lawful gains, such as overtime pay and bonus, in the settlement of severance pay.
Fourth, the special circumstances of the settlement of severance pay
In some special circumstances, such as the employee due to illness or leave of absence caused by the actual work, or the company due to operational difficulties and other reasons for the temporary inability to pay wages, the labor law also stipulates the corresponding methods of treatment. Employers should negotiate a settlement with their employees and try to protect their legitimate rights and interests.
In summary:
The provisions of the labor law on the settlement of severance pay are designed to protect the legitimate rights and interests of employees and to ensure that employers are able to settle and pay wages in accordance with the provisions of the labor law when employees leave their jobs. Employees should be aware of their rights and interests and negotiate with their employers to deal with wage settlement matters when they leave their jobs. In the event of a dispute, employees can defend their rights and interests in accordance with the law.
Legal basis:
The Labor Law of the People's Republic of China
Article 50 stipulates:
Wages shall be paid in monetary form to the workers themselves on a monthly basis. Wages shall not be withheld or owed to the workers without reason.
The Law of the People's Republic of China on Labor Contracts
Article 30 stipulates:
If an employer is in arrears in the payment of wages or fails to pay the full amount of wages, the worker may, in accordance with the law, apply for an order for payment from the local people's court, which shall issue the order for payment in accordance with the law.
The Interim Provisions on the Payment of Wages
Article 9 stipulates:
When both parties to a labor relationship cancel or terminate a labor contract in accordance with the law, the employer shall pay the worker's wages in one lump sum at the time of canceling or terminating the labor contract.