Standard Of Payment For Economic Compensation

　　 about Economic compensation Of Payment standard In December 3, 1994, the Ministry of labour issued the "economic compensation for violation and dissolution of labor". Clearly stipulate :

1, economic compensation arising from illegal activities. That is, if the employer violates the relevant provisions of the labor law, the wages of the laborers who are deducted or unreasonably defaulted, and those who refuse to pay wages for the extension of their working hours, they shall also pay an economic compensation equivalent to 25% of their wages in addition to paying the workers' wages in full within the prescribed time. Or if the wage payment of workers is lower than the local minimum wage standard, the economic compensations equivalent to less than 25% of the total amount should be paid at the same time.

2, financial compensation with limited years. That is to say, if the labor and capital sides have agreed to terminate the labor contract through consensus, or because the laborer is not competent, after training or adjustment, they are still not competent for the work. If the employer terminates the labor contract, the employer should pay the economic compensation for the equivalent of one month's salary according to his working life in the unit, at most not more than twelve months.

3, no age limit of economic compensation. That is to say, for the worker's illness or non work injury, change of circumstances or economic layoffs, which leads to the termination of the labor contract by the employer, the employer should pay the economic compensation amount equivalent to one month's salary for every one year, according to the working life of the worker in his unit.

The above forty-seventh standards have been amended in the following aspects:

1, refined the payment standard of economic compensation. That is, the economic compensation for the standard of one month's salary per full 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.

2, the payment of financial compensation with limited years has been changed. That is to say, only the monthly wage of workers is higher than the statutory standard, and the employer pays the economic compensation only with a limited number of years. According to the provisions of the forty-seventh clause and the second paragraph of the labor contract law, "the monthly salary of the workers is higher than that of the Municipal People's Government of the municipality directly under the central government or the municipal district where the employer is located, which is three times the monthly average wage of the local workers in the previous year. The standard of paying the economic compensation shall be paid by the amount of three times the average wage of the employees, and the maximum period of payment for the economic compensation to Yue Ping shall be no more than twelve years. "

3, for the employer to terminate or terminate the labor contract in violation of the provisions of the labor contract law, it shall pay compensation to the laborers in accordance with the standard of two times.