According to the relevant provisions of the Labor Contract Law, the act of dismissing employees when an enterprise closes its doors belongs to the act that the employer unilaterally terminates the labor contract with employees. Article 44 of the Labor Contract Law stipulates that the labor contract shall be terminated under any of the following circumstances: (5) The business license of the employer is revoked, ordered to close down or revoked, or the employer decides to terminate it in advance. At the same time, Article 46 of the Labor Contract Law stipulates that in any of the following circumstances, the employer shall pay economic compensation to the employee: (6) The labor contract is dissolved in accordance with the provisions of Items 4 and 5 of Article 44 of this Law.
With regard to the payment standard of compensation, Article 47 of China's Labor Contract Law stipulates that economic compensation shall be paid to workers according to the standard of paying one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. At the same time, there are also clear provisions on the amount of payment: if the monthly salary of a worker is three times higher than the average monthly salary of a local worker announced by the people's government of a municipality directly under the central government or a city with districts where the employer is located, the standard for paying economic compensation to him is three times the average monthly salary of the worker, and the longest period for paying economic compensation to him shall not exceed 12 years. The monthly salary in the labor contract law refers to the average salary of the workers in the twelve months before the dissolution or termination of the labor contract. This is the compensation of N+ 1 Where "1" means that the employer has to pay one month's salary as compensation (also known as "to be notified") without notifying the workers 30 days in advance.
With regard to the termination of a labor contract with no fixed term, Article 87 of China's Labor Contract Law stipulates that if an employer terminates or terminates a labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this law. This is commonly known as 2N+ 1 compensation. In your statement, the compensation for the closure of your friend's company is 2N+ 1, which shall be implemented according to this law. If your company doesn't abide by the law, you can complain to the local labor department, or apply for a lawsuit directly to the local civil law.
In fact, through this case, people in the workplace should have a sense of crisis: no matter what type of enterprise you are in, you must learn a skill. As the saying goes, a skill travels all over the world. If you just position yourself as a simple and repetitive job like an intelligent robot in a company and have no sense of independent innovation, maybe one day, because the company is closed and you are old, you will find yourself in an awkward position because you have no competitive skills. Finally, I wish you success in defending your rights, get your legitimate rights and interests endowed by law, and make your life better.
N+ 1 reasonable. If the salary is three times higher than the local social salary, it will be capped 12 months. As for 2N, this is the standard of illegal dissolution, and bankruptcy or merger and division of the company is not suitable for this standard.
The other N+5, 2N+ 1 you mentioned has no legal basis. Of course, the law does not prohibit both parties from making their own agreements. Therefore, if the company has money and many people are stupid, it can be 2N+5, N+ 100. The legal situation is generally n, and the maximum is N+ 1( 1 as unpaid notice).
Thank you for your invitation.
I've never experienced such a thing before. You can consult relevant lawyers and negotiate with the company. I wish you an early compensation.
The general compensation is N+ 1
However, foreign-funded enterprises do not have fixed-term contracts, so there is a lot of room for negotiation. I don't know how the specific labor law is stipulated. But a few years ago, the old colleagues of several foreign companies were all in this situation. Generally, they are 2N, and some are N+5. It should be that the law has no strict restrictions. I suggest at least talk to 2N first! If you don't accept other plans, consult the local labor bureau. N+5 is the bottom line.
The so-called n is the minimum compensation standard stipulated by national laws. The so-called N+ 1 refers to the payment in lieu of notice when the contract is terminated without a month's notice.
In addition, employers will make use of their own conditions and external environment. On this basis, it is determined that the compensation will be increased for several months. Two to five months.
If the employer moves the factory because of poor management and insolvency, it is difficult to get additional compensation. If the business situation is acceptable, in this case, we need to rely on the strength of the trade union. I don't know if you are from the new district or the park. The trade union of your unit can seek the help of the superior trade union to find out the compensation situation of other factories when they move to other factories, and use this statistical data to make suggestions and negotiate with the factories.
A long time. Ask a lawyer. One month a year, Dai. This is an open-ended labor contract. Ask a lawyer.
N+ 1 complies with relevant laws and regulations. You see, other companies offer higher standards. That's because other companies have money and get things done. If you want to get more compensation, the only way at present is for employees to negotiate with the company. Maybe we can fight for it properly. If it is a person, it is very difficult.
Enterprise closure can only pay n+ 1 according to the labor law. As for other companies' willingness to spend more time with them, it is only the decision of other companies and cannot replace the provisions of the labor law. N+ 1 is the duty, and greater than n+ 1 is the affection.
If the institution closes down, the employee compensation will be paid to the workers at the rate of one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The period for paying them economic compensation shall not exceed twelve years at the longest.
This is stipulated by the state. The rest is up to the boss.
As a person with the same experience, I tell you that n is legal from the legal level, and+1 is to compensate for not telling in advance. The opinions of the union are not binding on the management. The labor law does not require both parties to reach an agreement. Should get extra compensation. Last year's review income included all benefits, including a box of fruit. Annual leave can be converted, and overtime can challenge management. Good luck.