Don'T Panic At The End Of The Year. Besides Salary, 8 Money Is Also Deserved.
Parents who retire at the end of the year or leave the labor contract with the company for various reasons, if you just take the last month's salary and go away, you will suffer a lot.
Xiao Bian reminds you that in addition to salary, the "8 money" is also what you deserve according to law. Don't forget to liquidate.
When settling wages for a year, many workers often pay attention only to clearing wages, often ignoring economic compensation, overtime, double wages, holiday pay, paid vacation pay, pension insurance and so on.
One
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
The economic compensation is an economic subsidy from the employer to the laborer in accordance with the law once the labor contract is terminated or terminated.
Economic compensation is paid to laborers according to the number of years worked by the workers 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.
The labor contract law stipulates that employers should pay economic compensation to workers for their termination or termination of labor contracts in the following situations: (notice! There are so many situations that you may encounter every item!)
1, the employer proposes that the two sides should negotiate to terminate the labor contract.
2. If the worker is sick or injured by non work, he can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit, and the employer shall terminate the labor contract.
3, laborers are not competent.
work
After training or adjustment of jobs, it is still not competent for the work, and the employer will terminate the labor contract.
4. The objective situation on which the labor contract is concluded has changed significantly, resulting in the failure of the labor contract to be fulfilled. After consultation between the employer and the laborer, the labor contract has not been agreed upon, and the employer has rescind the labor contract.
5, the employing unit shall reorganize in accordance with the provisions of the enterprise bankruptcy law and reduce personnel in accordance with the law.
6, there are serious difficulties in the production and operation of the employing units and the reduction of personnel in accordance with the law;
7, the pfer of enterprises, major technological innovation or business mode adjustment, after the change of labor contract, still need to reduce personnel, the employing unit according to the law to reduce personnel.
8, other major changes in the objective economic situation based on the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled, and the employing units to set down procedures according to law.
9. When the labor contract expires, the employee agrees to renew the labor contract, and the employer does not agree to renew the labor contract, and the employer terminates the fixed-term labor contract.
10, the termination of a labor contract because the employer has been declared bankrupt in accordance with the law.
11, the termination of a labor contract shall be terminated because the employer has been revoked of its business license, ordered to close down, revoked or the employer decided to dissolve it in advance.
12, other circumstances stipulated by laws and administrative regulations.
The compensation standard is paid by 1 months' salary every 1 years.
For more than 6 months with less than 1 years, the financial compensation for half a month's salary shall be paid according to 1 years' calculation and less than 6 months' time.
Two
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
Double wage is a punitive stipulation for employers not to sign written labor contracts with workers.
Article tenth and eighty-second of the labor contract law stipulate that a written labor contract should be concluded when establishing labor relations.
Where a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within 1 months from the date of the employment.
If the employer fails to conclude a written labor contract with a worker for more than 1 months after a period of more than 1 months from the date of his own employment, he shall pay the laborer two times the monthly salary.
The starting point for double pay is 1 months after the employer's self employment. The end time is 1 years from the employment time, and the longest time limit is 11 months.
The dispatching unit is the employing unit, and shall bear the responsibility of paying double wages without signing a written labor contract.
Three
Overtime pay
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
Overtime pay refers to the remuneration of laborers who continue to produce labor or work outside the prescribed working hours in accordance with the need for production and work of the employer.
The thirty-sixth, forty-first and forty-fourth provisions of the labor law stipulate that the State implements a working hour system with the working hours of workers not exceeding 8 hours per day and the average weekly working hours less than 44 hours.
Due to the need of production and operation, employers can extend their working hours after consultation with trade unions and laborers. They can not exceed 1 hours per day. For special reasons, it is necessary to extend the working hours. Under the condition of ensuring the health of workers, the working hours should not exceed 3 hours per day, but not more than 36 hours per month.
Arrangements for workers to extend their working hours, pay no less than 150% of the wages of wages.
Four
Holiday wages
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
The decision of the State Council to amend the way of holidays for national holidays and anniversaries (Decree No. 513rd of the State Council) provides a holiday for all citizens.
The employer shall pay the corresponding wages for arranging work for the workers on statutory holidays.
According to the forty-fourth article of the labor law, the employer or the employing unit shall pay the wages of laborers not less than 300% of their wages.
Five
Paid vacation pay
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
The workers' paid leave should also be implemented according to the regulations on the annual leave of paid employees (the order of the State Council [No. 514th]), third articles and fifth articles, etc.: the accumulative work of the workers has been completed for 1 years, less than 10 years, and the annual leave is 5 days; the 10 year of the employee who has been less than 20 years, the annual leave of 10 days; the annual vacation of 20 years, 15 days.
The fifth provision of the regulations on paid annual leave for employees stipulates that units can not arrange annual leave for workers because of their work needs, and the number of days off should be paid by the workers. The unit shall pay 300% of the annual salary of the workers according to the wages of the workers.
Six
Endowment insurance
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
Article tenth, thirteenth, sixteenth and 86 of the social insurance law stipulate that workers should take part in the basic old-age insurance, and the basic old-age insurance premiums shall be jointly paid by employing units and workers.
Those who take part in the basic old-age insurance pay 15 years' full payment when they reach the statutory retirement age and receive the basic pension monthly.
If the employer fails to pay the social insurance premium on time and in full, the social insurance premium collection agency shall order the time limit to pay or make up for it, and from the date of default, 5/10000 of the late fee will be charged. If the overdue payment is not paid, the relevant administrative department shall pay a fine of 1 times or more than 3 times the amount owed.
Seven
Unemployment insurance benefits
Pay attention! Calculate the income! Don't forget the 8 money! Unfortunately, too many people don't know.
The forty-fourth and forty-fifth articles of the social insurance law stipulate that unemployed persons are not willing to stop employment because of their wishes. If the employer and the employee have paid the unemployment insurance fee for one year before unemployment, and have already registered unemployment, and if they have job requirements, they can receive unemployment insurance money from the unemployment insurance fund.
The standard of unemployment insurance is determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government, and must not be lower than the minimum standard of living for urban residents.
Eight
Work-related injury insurance
Pay attention! Don't forget the 8 money. It's a pity that too many people don't know.
The regulations on the implementation of the labor contract law and the regulations on industrial injury insurance stipulate that when the employer terminates the labor contract of work-related injury workers in accordance with the law, in addition to paying economic compensation in accordance with the provisions of the forty-seventh article of the labor contract law, they shall also pay one-off work-related injury medical subsidies and disability employment subsidies in accordance with the relevant provisions of the state on industrial injury insurance.
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If A Worker Is Dismissed Without Fault, He Can Claim Double Compensation To The Unit.
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