How To Compensate The Unit'S Rescission Of Labor Contract

First, what conditions should be laid down for unit layoffs?

According to the forty-first provision of the labor contract law, if one of the following situations is required to cut down more than twenty personnel or less than twenty people, but accounts for more than ten percent of the total number of employees, the employer can explain the situation to the trade union or all the staff thirty days in advance, and after listening to the opinions of the trade union or the staff, the personnel reduction plan can be reduced to the staff through the report to the labor administrative department.

1. Reorganization shall be carried out in accordance with the provisions of the enterprise bankruptcy law.

2, serious difficulties in production and operation;

3, the pfer of enterprises, major technological innovation or business mode adjustment, after the change of labor contract, still need to reduce personnel.

4, other major changes in the objective economic situation based on the conclusion of the labor contract, resulting in the labor contract can not be fulfilled.

Two, unit

How to compensate

According to the twenty-eighth articles of the labor law, the Ministry of Labour's "opinions on certain issues" and the "economic compensation measures for violating and relieving labor contracts", the laborers may request the employer to give financial compensation to the employer in accordance with the provisions of the twenty-fourth, twenty-sixth and twenty-seventh provisions of the labor law.

The details are as follows:

1. After the parties concerned have reached a consensus through the labor contract, the employer shall terminate it.

The employer shall, according to the working life of the laborers in the unit, grant an economic compensation equivalent to 1 months' wages for every 1 years, not exceeding 12 months at most.

If the working time is less than 1 years, the financial compensation will be paid according to the 1 year standard.

2. If a laborer is sick or injured without work, he or she can not engage in the original work after the labor appraisal committee confirms that it can not engage in the original work, nor can it engage in the work arranged separately by the employer.

Every 1 years, it will receive an economic compensation equivalent to 1 months' salary. At the same time, it should also issue a medical subsidy not less than 6 months' salary.

Serious illness and incurable diseases should also increase the medical subsidy. The increase of serious illness is not less than 50% of the medical subsidy. The increase in the number of incurable diseases is not less than 100% of the medical subsidy.

3, laborers are not competent for their jobs. After training or adjustment of jobs, they still can not win the work. If the employer terminates the labor contract, the employer should pay the financial compensation equivalent to 1 months' wages for every 1 years, according to its working time in the unit, up to no more than 12 months.

4, when the labor contract is concluded, there is a major change in the objective situation, resulting in the failure of the original labor contract to be fulfilled. After the negotiation between the parties concerned has not been able to reach an agreement on the change contract, the original employer has rescinded the contract. The employer has paid an economic compensation equivalent to 1 months' salary in every 1 years of the work time according to the working life of the worker in the unit.

5, the employing unit is on the verge of bankruptcy, and there is serious difficulty in carrying out statutory rectification or production and operation. It must be laid off. The employer shall pay the economic compensation according to the number of years worked by the laid off staff in this unit.

Every 1 years of work in this unit will be given an economic compensation equivalent to 1 months' salary.

6, after the employer has rescinded the labor contract and fails to provide the laborers with financial compensation, he shall pay an additional economic compensation in accordance with the amount of 50% of the economic compensation in addition to the full amount of the economic compensation.