The Economic Compensation Age Of Employee Turnover Has Aroused Controversy.

The monthly salary of laborers is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal district where the unit is located, and the monthly average wage of the workers in the region is 3 times higher than that of the local people's government. The standard of paying the economic compensation to the workers is 3 times the average monthly wage of the workers, and the maximum period of payment for the economic compensation is not more than 12 years.

Chen Fang, a girl in Chongqing, was recruited in 1996, and the employing unit only registered in 2001. The two sides dispute the termination of the labor contract. When calculating the length of service, the validity of the working age before the registration of the employer is controversial again. A few days ago, the intermediate people's Court of Zhongshan decided that the seniority of workers before registration should be included in the calculation period of economic compensation.

Chen Fang, who had a dispute over the wage issue with the employer of Zhongshan Jianli company, left in April 30, 2013. The average salary before leaving was 1550 yuan. Chen Fang said the company's security guards refused to allow her to work in the factory, which was an illegal termination of the labor contract. The employer argued that Chen Fang was unwilling to come to the company to work, and he was absent from work for several days.

In September 25, 2013, Chen Fang applied for arbitration to the Zhongshan labor and personnel dispute arbitration commission on the grounds of the illegal termination of the labor contract, and demanded that the company pay 42888 yuan.

Chen Fang sued the second people's Court of Zhongshan for failing to accept the verdict. As for the reasons for leaving, neither side could provide evidence. The court held that it was proposed by the firm and the two sides agreed to terminate the labor relations in April 30, 2013. The company must pay the economic compensation, but no compensation is required.

Regarding the entry time, the company firmly denied that there existed labor relations with Chen Fang before 2001. Chen Fang provided the temporary residence permit and Employment Permit under the name of Jianli manufacturing plant as evidence. It was found by the court that Jianli company produced and operated in the name of "Jianli manufactory" before 2001. After the registration of industry and commerce as "Jianli company", investors, business premises, persons in charge and business scope remained unchanged. The court held that the company was the successor of the rights and obligations of the firm. The labor contract of the firm should be continued by the company. Therefore, Chen Fang's working hours in the Jianli manufacturing plant should be included in the working hours of the firm.

The second people's Court of Zhongshan ordered the company to pay Chen Fang's "service age compensation" (economic compensation) from March 1, 1996 to April 30, 2013, 27125 yuan (1550 yuan / month 17.5 months), and dismissed the remaining demands.

The company questioned that according to the forty-seventh provision of the labor contract law, the maximum period of payment for economic compensation should not exceed 12 years. Why did the court of first instance count to 17.5 years? The company made an appeal to the intermediate people's Court of Zhongshan on the ground of the first instance court's error.

According to Labor Contract Law According to the forty-seventh provision, the economic compensation is paid to the laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year. For more than six months with less than one year, the financial compensation for half a month's wages will be paid to the laborers for a period of one year or less than six months. Worker The monthly salary is higher than that of the local people's government released by the Municipal People's Government in the municipality directly under the central government or the district where the employer is located. average wage 3 times, the standard of paying economic compensation to them is 3 times the average monthly wage of employees, and the maximum period of payment for financial compensation is not more than 12 years.

Therefore, the Zhongshan intermediate people's court recently concluded that the first instance court calculated the monthly average salary of Chen Fang before leaving the office was 1550 yuan, which obviously did not exceed 3 times of the average monthly wage of the workers in Zhongshan in 2012.