How to calculate the economic compensation calculation of economic compensation

[people questions] how economic compensation calculation? I to the2007Years6Month for candidates to a private enterprise in Beijing as the manager of Technology Department, the two sides signed a two-year contract, the wage is clear4500Element.2008Years10Month, my department supervisor to appoint a person as the manager of the Department, so relieved me of my manager, only let me general technical responsible departments, and wages fall into2300Element. I'm not, many times with the leadership and human resources department to negotiate, but have failed to solve the.

    2009Years4In March, the Ministry of personnel informed me, decided to change the labor contract by the higher requirements: I can no longer serve as manager, can continue to engage in the current job, and the salary for2800Element/Month. For such a decision, I don't approve of, insisted that the company was originally signed labor contract.

The negotiation fails, company proposed to terminate the labor contract with me, and I also agree. But I demand, companies have to pay economic compensation by two months when the manager's wage standard, and make up this year4Before the month wage differentials (as manager at4500Element with reduced wages2300The difference) and this part of the economic compensation. But the company said, only by now2300Yuan standard pay economic compensation Lee two months. Because the two sides were unable to reach an agreement, so I want to apply for labor arbitration.

Excuse me:1I asked, compensation standard according to which? Is4500Or2300?2, I demand for wage differential is reasonable? 3In this case, what is the law, refers to the "labor contract law"? Please specify.

Shen Binti lawyers answer:

1In accordance with the requirements, you4300Element to wage differential demands. This is because, the labor remuneration convention is an important content of the labor contract relationship, employers recruit workers have the duty to express the laborer labor remuneration, remuneration once determined, the employer shall not arbitrarily change. According to the relevant provisions of the "labor contract law", the employer can reduce the wages of workers of the only include:1Consultation and agreement, workers change;2The workers, job, the employer shall transfer or according to pay with the Gang after moving principle to reduce the labor remuneration;3Other circumstances stipulated by laws and regulations. Such as, "Interim Provisions on the payment of wages" Twelfth For a non workers, causes the unit shutdown, production in a wage payment period, the employer shall pay wages according to the standards stipulated in the labor contract. More than one wage payment period, if laborer provided normal labor, the labor compensation paid to labourers shall not be lower than the local minimum wage standard; if the laborer does not provide normal labor, should be handled according to the relevant provisions of the state. Shen Binti lawyers believe that, in addition to the above three cases, the employing units shall not arbitrarily reduce the remuneration of workers. In this case, company is only to no longer need you as manager, unilateral transfer position and lower your salary is illegal. You have the right to request the company to restore the original work and require the company to reissue wages have the right balance, on the basis of "breach and termination of labor contract economic compensation" to the company compensation balance wage25%Economic compensation.

2In the company, the dissolution of the labor contract, and with your permission, you as a manager of the company in accordance with the requirements of wages4300Yuan calculating pay economic compensation for termination of the labor contract. According to the relevant provisions of the "labor contract law", the employer to terminate labor contract with the laborer and labor consensus, should also pay economic compensation to the laborer, payment standards for workers before leaving12Average wages of month. Specific to the case, because you leave the last4Month company unilaterally reduce your wages, reduced wages without your consent, can be considered as the company is illegal wage garnishment. Therefore, you have the right to request the company to complete according to the normal wage standard, and in accordance with the requirements of supplement salary amount to company terminates the labor contract of economic compensation.

The law:

"Labor contract law": eighth employers recruit workers, shall truthfully inform the worker job content, working conditions, working place, occupation harm, production safety conditions, labor remuneration, and other information as required by the workers.

Article thirty-fifth a unit and a laborer, can change the content of the labor contract. The change of labor contracts, shall be made in written form. The unit and the laborer shall each hold one copy of the labor contract after the change.

Article forty-sixth in any of the following circumstances, the employer shall pay the economic compensation to the laborer: (two) the employer in accordance with the provisions of this law the thirty-sixth regulation to the laborer proposes to terminate the labor contract and dissolution of the labor contract in accordance with the labor agreement;

Economic compensation by the forty-seventh article of workers working in this unit of length, each for one year to pay one month's wages paid to workers. More than six months but less than one year, calculated according to a year; less than six months, half a month to pay economic compensation to the laborer wage. This article referred to is the monthly wage of workers in the labor contract is rescinded or terminated before twelve months average wage.

"Economic compensation" breach and termination of labor contracts of third  The employer deduction or no arrears of wages to labourers, and refusal to pay remuneration for extending the working time, in addition to pay full wages of workers within the prescribed period of time, also need to add the economic compensation equivalent to wages twenty-five percent.

 "Interim Provisions on the payment of wages" Ninth  Labor relations between the two sides according to the lifting or termination of the labor contract, the employer shall pay the wages of workers in a labor contract is terminated in the termination or.

[Shen Binti] Shen Binti lawyers introduction, female, Beijing Wen law firm partner, the Beijing municipal labor and Social Security Law Association, Xiamen University, master of law, Beijing labor law experts. Lawyer Shen Binti is mainly engaged in the research of legal disputes and practice.E-mail:Shenbinti@yahoo.com.cn  ;Business telephone:1530-111-5671,1366-131-3967;Interactive blog:Http://blog.sina.com.cn/shenbinti