Method and calculation standard of the new labor law to pay economic compensation

Calculation of economic compensation and payment standard

The calculation standard of economic compensation:The labor contract law, economic compensation is calculated by workers in this period of work units, 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. The monthly wage of workers three times higher than the average wage where employers and municipalities, districts and municipal people's government announced last year in the region of the monthly wages, payment of economic compensation standards to pay three times the worker is mean monthly salary amounts, to pay economic compensation does not exceed the maximum period of twelve years. Here referred to is the monthly wage of workers in the labor contract is rescinded or terminated before twelve months average wage.

Economic compensation calculation:Signed in the enforcement of labor contract law, the trial after the lifting of the labor contract, in accordance with the provisions of the labor contract law shall pay economic compensation, economic compensation from years ofSince January 1, 2008, the implementation of the labor contract law in accordance with the relevant provisions of the.

Calculated the economic compensation:Change of the operating units to the employer due to merger, mergers, joint ventures, the unit to change the nature, legal name change and other reasons, the restructuring of the former working time can be calculated as"In this unit of work time. In addition, the reasons not attributable to himself from the original employing unit was assigned to a new unit of choose and employ persons, workers in the original employing unit of work experience combined with the calculation for the new employer.. The original employing unit has been paid to the employee economic compensation, the new employer terminates the labor contract in accordance with the law to lift the calculation, payment of economic compensation work life, not counting the worker with the original employing unit..

Base the calculation of economic compensation:The average monthly salary of economic compensation in refers to workers in the dissolution of the labor contract12 months average real wage, rather than just the basic wage stipulated in the labor contract. According to the labor department "on the implementation of" labor law "of the people's Republic of China Regulations on some issues", "salary" refers to the employing units in accordance with the relevant provisions of the state or the stipulations of the labor contract, money paid directly to the units of labor remuneration of workers, including hourly wages, piece rate wages, funds, allowances and subsidies, to extend the working hours of wages and the wages paid under special circumstances.

Economic compensation tax deduction problem:According to a post Shen Binti lawyers before:"Dissolution of the labor contract of economic compensation deduction of individual income tax"Blog:Http://blog.sina.com.cn/s/blog_51bd78fc0100cgvh.html. This is not tired.

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The author of this article: Beijing labor law lawyer Shen Binti (reprint please indicate the original author) 

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