Labor compensation means that an employer is required to pay an employee's compensation in accordance with the law by dismissing an employee for special reasons.
◆ Labor compensation
The employer is required to pay the worker's compensation for the dismissal of the employee for the following reasons:
By the employer, agreed by the two sides agreed to terminate the labor contract;
The employee can not be engaged in the original work after the expiry of the medical treatment and can not be relieved of the labor contract by any other appropriate work arranged by the employer;
The employer terminates the labor contract by force, by means of violence, threats or unlawful restriction of personal liberty;
The employer fails to pay the labor contract in accordance with the labor contract or to provide labor conditions to terminate the labor contract;
If the Employer is unable to do the job, after training or when the Employer is on the verge of bankruptcy during the period of legal rectification or serious difficulties in the production and operation situation, if it is necessary to reduce the staff, it may be reduced to the Labor Bureau. Personnel to terminate the labor contract;
The labor contract can not be fulfilled after the labor contract can not meet the requirements of the law on the change of the labor contract through consultation, and the labor contract can not be fulfilled after the training or adjustment of the work, Regulations and other circumstances provided for by the termination of the contract.
◆ Labor compensation standard
The standard for the payment of economic compensation shall be calculated on the basis of the continuous working years of the employee in this institution:
Each full 1 year, issued to 1 month's monthly salary;
If the applicant has completed a half year and less than one year, the monthly salary shall be paid for one month according to one year.
Less than six months, the payment of half a month's monthly salary;
If the employee is unable to do the job, has been trained or adjusted for his / her job and is still unable to perform his / her job to terminate the labor contract, the employer shall pay the maximum amount of financial compensation not exceeding 12 months wage;
Monthly wages are calculated on the basis of the average monthly wage of employees who have been dismissed for the first three months of the contract.