How To Compensate Workers For The Termination Of Labor Contracts By Employers?
In accordance with the provisions of the labor law and the economic compensation measures for violating and relieving labor contracts, the employing unit decides to terminate the labor contract and should compensate the laborers for compensation.
The specific compensation measures are:
(1) if the employer and the employer terminate the labor contract through consultation between the two parties, the employer shall, according to the working life of the laborers in the unit, receive an economic compensation equivalent to one month's salary for a full year at most, not exceeding twelve months.
Those who work for less than one year will be given economic compensation according to one year's standard.
(2) if the worker is ill or is not injured by the worker, the labor appraisal committee confirms that the labor contract can not be removed from the original work or in the work arranged by the employer. The employer shall send the economic compensation equivalent to one month's salary per year according to the working life of the unit, and the medical aid fee of not less than six months' salary.
Serious diseases and incurable diseases should also be increased.
Medical subsidy
。
The increase in the number of serious illnesses is not less than fifty percent of the medical subsidy, and the increase in the number of incurable diseases is not less than one hundred percent of the medical subsidy.
(3) if the worker is not competent for the work, he is still unable to do the work after training or adjustment. The employer should terminate the labor contract by the employer, and the employer should pay the economic compensation equivalent to one month's wages for a full year, at most, not more than twelve months.
(4) a major change in the objective situation based on the conclusion of the labor contract has resulted in the failure of the original labor contract to be fulfilled. After the parties concerned have not negotiated an agreement on the change of the labor contract, and the employer has rescind the labor contract, the employer has been given the equivalent amount of one month in a full year according to the working life and working hours of the worker in his unit.
wages
Economic compensation.
(5) when the employer is on the verge of bankruptcy for statutory rectification, or if there is serious difficulties in production and operation, it must be tailored to the employer. The employer shall pay the economic compensation according to the number of years worked by the staff in the unit.
The amount of time spent working in this unit is equivalent to one month's economic compensation.
Above
Economic compensation
The standard of wage calculation is the monthly average wage of workers within twelve months before the contract is terminated according to the normal production of enterprises. In addition to negotiations between the two sides, workers are not competent to dissolve the labor contract, the average monthly wage of workers is lower than the monthly average wage of enterprises, and is paid according to the monthly average wage standard of enterprises.
After the employer has rescinded the labor contract and fails to provide the laborer with economic compensation, he shall pay an additional economic compensation in accordance with fifty percent of the amount of the economic compensation in addition to the full economic compensation.
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