At the end of the year, many companies will be tempted to lay off and reduce people. However, the Supreme People's Court has clearly stipulated recently that if the employer unilaterally terminates the labor contract through "elimination of the last position" or "competition for employment" within the term of the labor contract, the laborer may request the employer to continue to perform the contract or request the employer to terminate the contract illegally. Pay compensation.
Can you distinguish between compensation and financial compensation? Under what circumstances can you get these two money? Come and follow me to see~
(1) Economic compensation
(1) What is economic compensation?
Economic compensation is a one-time economic subsidy paid by the employer to the laborer in accordance with the law after the labor contract is terminated or terminated.
According to regulations, when an employer terminates a labor contract with an employee, it should pay a certain amount of economic compensation according to a certain standard.
(2) In this case, you should be compensated
1. The employer proposes that the two parties negotiate to terminate the labor contract;
2. The laborer is ill or injured not due to work, and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in another job arranged by the employer, and the employer terminates the labor contract;
3. The laborer is incompetent for the job, and after training or adjustment of the job position, he is still incompetent for the job, and the employer terminates the labor contract;
4. The objective situation on which the labor contract was concluded has undergone major changes, resulting in the inability to perform the labor contract. After negotiation between the employer and the laborer, the employer fails to reach an agreement on changing the content of the labor contract, and the employer terminates the labor contract;
5. The employing unit conducts reorganization in accordance with the provisions of the Enterprise Bankruptcy Law and lays off personnel in accordance with the law;
6. The employing unit has serious difficulties in production and operation, and lays off personnel according to law;
7. If the enterprise changes production, major technological innovation or business mode adjustment, after the labor contract is changed, it is still necessary to lay off staff, and the employing unit lays off staff according to legal procedures;
8. Other major changes in the objective economic conditions on which the labor contract was concluded, resulting in the inability to perform the labor contract, and the employer laying off personnel in accordance with legal procedures;
9. When the labor contract expires, the employee agrees to renew the labor contract but the employer does not agree to renew the labor contract, and the employer terminates the fixed-term labor contract;
10. The labor contract is terminated because the employer is legally declared bankrupt;
11. The labor contract is terminated due to the employer's revocation of its business license, order to close down, or revocation, or the employer's decision to dissolve in advance;
12. Other circumstances stipulated by laws and administrative regulations.
(3) How is economic compensation calculated?
According to regulations, economic compensation is paid according to the number of years the worker has worked in the unit, and one month's salary is paid for every full year. If it is more than 6 months but less than 1 year, it will be calculated as 1 year; if it is less than 6 months, economic compensation of half a month's salary will be paid.
If the monthly salary of the laborer is higher than three times the average monthly salary of the employees in the previous year announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employing unit is located, the standard of economic compensation paid to him shall be paid according to the amount of three times the average monthly salary of the employees. The maximum period for which financial compensation is paid to it shall not exceed 12 years.
special reminder
If the employer deducts or defaults the wages of the workers without any reason, or refuses to pay the workers wages for extended working hours, in addition to paying the workers wages and remuneration within the specified time, an additional economic compensation equivalent to 25% of the wages and remuneration shall be paid. gold.
After the employer terminates the labor contract, if it fails to provide the laborer with economic compensation as required, in addition to the full amount of the economic compensation, additional economic compensation must be paid at 50% of the amount of the economic compensation.
(2) Compensation
Under what circumstances does the employer need to pay compensation?
If the employer commits any of the following acts infringing upon the legitimate rights and interests of the laborers, it shall be ordered to pay the laborers’ wages and economic compensation, and may be ordered to pay the laborers’ compensation equal to 1 to 5 times the sum of the wages and economic compensations paid to the laborers. gold:
1. Deducting or arrears the wages of laborers for no reason;
2. Refusing to pay workers wages for extended working hours;
3. Paying workers wages lower than the local minimum wage standard;
4. After the labor contract is terminated, economic compensation is not given to the laborer in accordance with laws and regulations. The employer shall be ordered to pay the laborer economic compensation in accordance with the relevant regulations.
How is the compensation calculated?
Article 87 of the "Labor Contract Law" stipulates: "If the employer rescinds or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this law."
The specific situation is as follows:
(1) If the loss of wages and income of the laborers is caused, the wages shall be paid to the laborers according to the wages of the laborers themselves, and an additional compensation fee of 25% of the wages shall be paid;
(2) If the loss of labor protection benefits of laborers is caused, labor protection allowances and supplies for laborers shall be supplemented in accordance with state regulations;
(3) In the event of loss of work-related injury or medical treatment for workers, in addition to providing workers with work-related injury and medical benefits in accordance with state regulations, compensation costs equivalent to 25% of the medical expenses shall also be paid to the workers;
(4) If the physical health of female employees and juvenile workers is damaged, in addition to providing medical treatment during the treatment period in accordance with state regulations, compensation costs equivalent to 25% of their medical expenses shall be paid;
(5) Other compensation expenses stipulated in the labor contract.