First, the compensation standard for enterprise demolition
1, housing value compensation
Housing value compensation mainly includes two aspects: land location compensation price and housing replacement price. The land location compensation price refers to the value of the land use right within the legal scope of the demolished person, which is mainly determined by the location and use of the land. Enterprise land is generally industrial land, although its value is lower than that of residential and commercial land, but the compensation price of land location is often a very important part of demolition because the factory buildings and warehouses of enterprises occupy a large area. The replacement of houses with new prices mainly refers to the replacement of demolished houses with new average prices in a certain period and region. Generally speaking, it is the construction cost price of the house. This cost price is relatively fixed, generally around 1, 500-2,000.
In the process of demolition, the appraisal company entrusted by the demolition party often calculates the land location compensation price and the house replacement price, that is to say, the demolished person can't see how much the land is worth and how much the house is worth from the appraisal report, so it is difficult to question its legitimacy. In many places, the demolition will even tell you that there is no land compensation project for the demolition of this project, which is to cover up the huge profits that the demolition party has gained on the land.
2, decoration accessories compensation
Regarding the compensation for decoration accessories, all localities have detailed rules for the implementation of various compensation standards for decoration accessories, and the compensation content is mainly evaluated by evaluation agencies according to the standards formulated by various localities. The content of this compensation is relatively fixed, and there is not much room for flexibility. The enterprises to be demolished should mainly review whether there are any omissions in the evaluation report.
3. Compensation for losses caused by suspension of production or business.
The loss of production and business suspension refers to all the losses caused by the failure of enterprises to operate normally due to demolition. When calculating this loss, we should not only consider the loss of profit before demolition, but also consider the loss of current business volume, customer resources and expected benefits. Articles 17 and 23 of the Regulations on Expropriation and Compensation of Houses on State-owned Land promulgated by 20 1 1 stipulate that compensation should be given if the houses are expropriated and losses are caused, and it is proposed that compensation should be determined according to the income before expropriation and the period of suspension of production and business. Due to the different calculation standards of suspension of production and business in different places, the profit and loss of each enterprise are also different. Therefore, the loss of production and business suspension is the most flexible compensation for demolition, which should be highly valued by enterprises.
4, relocation costs, relocation losses
When an enterprise is faced with demolition, the relocation expenses include not only the relocation expenses of all machinery and equipment, various means of production and office supplies from one place to another, but also the relocation losses, which mainly refer to the loss, depreciation and loss of machinery and equipment caused by the disassembly and assembly of these machinery and equipment and means of production during the relocation process. If it is a large-scale enterprise demolition, this part of the relocation loss should be entrusted to a special asset evaluation agency for evaluation.
Second, what is the compensation standard for the company to dismiss employees?
If the company wants to dismiss its employees due to demolition, it can terminate the labor contract according to the provisions of Article 40 of the Labor Contract Law, but it needs to pay economic compensation, and it should give a written notice 30 days in advance or pay an extra month's salary.
Legal basis:
Article 40 of People's Republic of China (PRC) Labor Contract Law
Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.