Chengdu labor dispute economic situation and standard compensation paid

Economic situation and standard compensation paid an economic compensation payment scenario economic compensation means employers cancellation or termination of labor relations, in accordance with the provisions of relevant laws and regulations, to give workers a certain amount of financial compensation. "Labor Contract Law", case workers get financial compensation as follows: 1, the employee unilaterally terminate the labor contract, the employer has the following circumstances, the financial compensation to be paid :( a) is not provided in accordance with the labor contract labor protection or working conditions; (ii) fails to pay labor remuneration; (iii) is not in accordance with law for the workers to pay social insurance premiums; rules and regulations (4) Employers in violation of laws, regulations, and damage labor those rights; (v) due to the following circumstances resulting in the labor contract invalid: a fraud, coercion or a position of vulnerability, so that the other party to conclude or change the employment contract in violation of the true meaning; b. the employer disclaims its legal liability , excluding workers' rights; c violation of laws, administrative regulations mandatory provisions. (Vi) laws and administrative regulations of other situations employee may terminate the labor contract. 2, the employer proposed to terminate the labor contract, agreed in consultation with the workers released. 3, the following circumstances, the employer notice 30 days in advance the workers themselves or pay an additional month's wages of workers in writing, the labor contracts :( 1) The Employee illness or non-work related injury, After a predetermined period of medical care is not his original work, nor can he arranged for him by the employer; (b) Employee is incompetent after training or adjustment to work, still can not do the job; (iii) labor objective circumstances conclusion of the contract is based on significant changes in labor contract can not be fulfilled by the employer in consultation with workers, failed to reach an agreement on changes to the labor contract. 4, one of the following circumstances, necessary to reduce the workforce by 20 persons or more or cut less than 20 but accounts for more than 10% of total enterprise employees, the employer 30 days in advance to explain the situation to the trade union or all employees to listen to trade unions or the views of workers, downsizing program by the labor administrative department reports to such cuts :( a) in accordance with the Enterprise Bankruptcy Law reforming; (ii) serious difficulties in production and operation; (c) the enterprise switches, major technological innovation or business method, after the amendment of employment contracts, still needs to reduce staff; (iv) other objective economic conditions due to the conclusion of the labor contract is based has changed considerably, resulting in the labor contract can not be fulfilled. 5, in addition to the employer to maintain or improve the condition of the labor contract to renew the labor contract, the employee does not agree to renew the case, but because the contract expires, the employer terminate a fixed term labor contract; 6, the employer is declared bankrupt ; 7, the employer is revoked business license, ordered to close, cancel or advance the employer decided to dissolve; and 8, other laws and regulations of the two situations, economic compensation standard 1, general compensation criteria: financial compensation by workers in this life of the unit of work, pay one month's salary for each full year of the standard payment to the worker. Six months but less than one year, as one year; less than six months, half of wages paid financial compensation to the worker. Monthly wage of workers is higher than the employer where the municipalities, the municipal people's government areas announced by the year three times the average monthly wages, payment of financial compensation to pay three times the amount of the standard by average monthly wages, the maximum payment of financial compensation does not exceed twelve years. Monthly wage refers to workers in the labor contract is terminated or terminate the previous 12 months, the average wage. 2, Double Indemnity standard: an employer violates the "Labor Contract Law" stipulates that discharge or termination of the labor contract, it shall pay compensation to the employee in accordance with the general standard of double compensation.