Economic Compensation: No One Can Claim Any Compensation.

Yang fo GUI is a Shuangfeng native of Panan. He is 55 years old. He was accidentally crushed by his machine when he was processing letinous edodes 30 years ago.

As of March this year, he worked for 5 years in Dongyang Zhejiang Heng Cheng cemented carbide Co., Ltd.

Some time ago, the company intends to dismiss sheep and Buddha.

In the face of unemployment, Yang fo GUI has no idea and asks what the big brother should do.

After understanding the situation, the advice of big brother to sheep and Buddha is that the worker who dismissed the labor contract with a full term is the right of the employing unit, but the termination of the labor contract must pay the laborers' economic compensation according to the labor contract law.

The company has 5 years of work experience, and can pay 5 months' salary in accordance with the regulations.

Since then, the sheep Buddha company has finally received the economic compensation while terminating the labor contract with the company.

So, under what circumstances can the laborers ask the unit to pay the economic compensation?

The forty-sixth clause of China's labor contract law stipulates seven cases of payment of economic compensation.

Article forty-sixth of the labor contract law stipulates that one of the following circumstances shall be paid by the employing unit to the laborer:

(1) the laborer terminates the labor contract in accordance with the thirty-eighth provision of this Law (labor contract law), which stipulates that the employer has broken the labor contract due to the illegal use of the employer, such as not paying the labor remuneration in full and in time, and failing to pay social insurance premiums for workers in accordance with the law.

(two) the employer shall, in accordance with the provisions of the thirty-sixth provision of this law, propose to the laborer to terminate the labor contract and terminate the labor contract with the laborers through consultation (thirty-sixth): the employer and the worker can unanimously agree to terminate the labor contract.

(three) the employer terminates the labor contract in accordance with the fortieth provision of this law.

Not competent for work, etc.

(four) the employing unit shall terminate the labor contract in accordance with the first paragraph of article forty-first of this Law (forty-first, paragraph 1: in accordance with the provisions of the bankruptcy law of the enterprise)

(five) unless the employer maintains or improves the conditions stipulated in the labor contract, renews the labor contract, and the worker does not agree to renew the contract, it shall terminate the fixed-term labor contract in accordance with the first provision of article forty-fourth of this Law (forty-fourth Article 1: the elder brother of the labor contract expires).

(six) to terminate the labor contract in accordance with the fourth and fifth provisions of the forty-fourth articles of this Law (forty-fourth, fourth): the employer has been declared bankrupt according to law; forty-fourth fifth items: the employer has been revoked.

To order closure, revocation or decision by the employing unit to dissolve in advance.

(seven) other circumstances stipulated by laws and administrative regulations.

In addition,

The forty-seventh article stipulates the standard for payment of economic compensation.

The forty-seventh provision of the labor contract law stipulates that economic compensation shall be paid to 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.

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 three times higher than that of the local people's government. The standard of paying the economic compensation to the workers is three times the average monthly wage of the workers, and the maximum period of payment for the economic compensation is not more than twelve years.

The monthly wages mentioned in this article refer to the average wages of laborers twelve months before the termination or termination of labor contracts.

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