Which Year Does The Economic Compensation Start?

Mr. Zhao: I am nearly 40 years old. I am a registered permanent residence in Beijing.

In early 2004, I was hired by an oil pump company in this city, and I have been working in this company for 12 years.

At the beginning of 2011, the company signed a 5 year fixed term labor contract with me. The contract period ended as of March 31, 2016 and agreed monthly.

It's 5000 yuan.

Recently, the person in charge of the unit's labor division interviewed me, saying that after the expiration of my labor contract, the company no longer renewed, so that I can now contact and find a job and try to finish all the formalities before the Spring Festival.

When it comes to economic compensation, the unit's compensation standard is to give me 8 months' salary. I say I work in a unit for 12 years. According to the stipulation of one month's salary, I should give me 12 months' salary. But the unit says that the economic compensation can only be calculated after the implementation of the labor contract law in 2008.

I would like to ask: according to the laws of the state, what year should I start to calculate my economic compensation?

An Huimin: Hello, according to what you have said, if you work until the contract termination date (March 31, 2016), the employer should pay you 8.5 months' salary.

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First, according to the forty-fourth provision of the labor contract law, labor relations terminate at the expiration of the term of the labor contract.

The employing unit shall, according to the forty-sixth article, "pay the economic compensation to the laborer" under any of the following circumstances:

(five) the employer shall terminate the fixed-term labor contract in accordance with the first provision of article forty-fourth of this law unless the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the worker does not agree to renew the contract.

The 47 "economic compensation is paid by laborers according to the number of years worked by the laborers in their units and the wages paid for one month per year."

Those who are less than six months old or less than one year shall pay the laborers half a month's wages in accordance with one year's calculation and those who are less than six months.

From this point of view, you have the right to claim economic compensation from employers.

But "

"Officially implemented in January 1, 2008, there is no need to pay economic compensation before the termination of labor relations. Therefore, your claim for economic compensation starts at January 1, 2008.

Secondly, you mentioned that the employer requires that you do not have to work again after the holidays, which is not in accordance with the law. The termination of the labor contract should be worked until the end of the day.

If the termination of labor relations with you is not terminated before the date of termination, but if the labor relationship is terminated and the two sides have unanimously agreed to terminate the agreement, the employer shall pay an economic compensation to the employee in accordance with the compensation for one month's wages per full year of work life.