The Problem Of Economic Compensation Base After Breaking The Labor Contract Illegally

The forty-seventh provision of the labor contract law stipulates: "economic compensation is 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.

I have worked in a commodity company for 3 years and 8 months. After deducting insurance and other expenses, the average monthly salary after tax is 5420 yuan.

At present, the unit has offered to terminate the labor contract with me because of its poor economic results.

In order to safeguard my legitimate rights and interests, I now ask the lawyer for the following questions: 1, can I ask the unit for financial compensation? 2. Is the base of the claim for economic compensation before tax or after tax?

Lawyer reply: Wang Lili, lawyer of Tianjin Yiqing law firm replied: 1, the unit involved in breaking the labor contract illegally, can request 4 months' double wage economic compensation; 2, the base of the request for economic compensation should include

Pre tax due wages, social security and taxes.

[lawyer]:

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 annual limit for paying the economic compensation to them is not more than twelve years.

The monthly wage mentioned in this article refers to the average wage of a worker within twelve months before the termination or termination of the labor contract.

As stipulated above, the base of economic compensation is based on labourers.

The average wage for the first twelve months of termination or termination is calculated.

Three times three times.

The twenty-seventh provision of the regulations on the implementation of the labor contract law stipulates: "the monthly wages of the economic compensation stipulated in the forty-seventh clause of the labor contract law shall be calculated according to the wages payable by the laborers, including time wages or piecework wages, and monetary income such as awards, allowances and subsidies.

The average wage of a worker within twelve months before the termination or termination of the labor contract is lower than the local minimum wage standard shall be calculated according to the local minimum wage standard.

If the workers are less than twelve months' work, the average wage shall be calculated according to the actual working months.

The main difference between the monthly wages and the actual wages is the various kinds of deductions and expenses.

Due wages: the total amount of wages payable without social security, housing provident fund and personal income tax; actual wages: the actual wages, namely, tax deductible, social security fees, provident fund and other expenses.

As the social insurance premiums, taxes and other deductions, which are withheld by the employer, are all part of the individual's labor income, the employer only undertakes the withholding obligation.

Therefore, the part deducted is actually the wages of the laborers, which should be included in the wage income. When calculating the economic compensation, the wages should be calculated before the tax and social security fees are not counted as the base of calculation.