Therefore, the first problem we face after returning to work is how to survive. Faced with high labor costs, "slimming" has become the first choice for many enterprises, even leading Internet companies. Many new and old employees like to mention "graduation certificate".
1. Unilateral termination of the enterprise. Generally speaking, employees have problems in application. For example, if an employee is often absent from work without taking time off, seriously violates the rules and regulations of the company's employer, seriously neglects his duties, engages in malpractices for personal gain, engages in part-time jobs that affect his job, or is investigated for criminal responsibility and illegal crimes according to law, the enterprise may unilaterally be exempted from responsibility; Dismissal in person without compensation; In another case, for example, the internship process of employees does not match the position of the company. The employee is unable to engage in the original job or the newly arranged job due to illness or non-work-related injury, or is incompetent for the job. After job transfer training, the employee is still incompetent, or the objective situation changes and the labor contract cannot be fulfilled.
2. According to the relevant provisions of the Labor Contract Law, enterprises should pay economic compensation for economic layoffs according to law; If the laborer proposes to terminate the contract through consultation, the law has no clear provisions on economic compensation.
Then I think the human resources department should be very clear about the standard of economic compensation, that is to say, there is a legal calculation standard for the amount of employee compensation, specifically, one month's salary is paid to employees every year according to their years of work in the unit; For more than six months but less than one year, it shall be counted as one year; If it is less than six months, it shall pay the laborer economic compensation for half a month's salary. The monthly salary refers to the average salary of the laborer 12 months before the dissolution or termination of the labor contract.
3. If the monthly salary of a worker is 3 times higher than the local average monthly salary of workers in the previous year published by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation shall be 3 times the average monthly salary of workers, and the longest period for paying economic compensation shall not exceed 12 years.
The compensation standard for one month is calculated for each full year of work. The standard is the average wage standard before the termination, that is, the year before the termination of labor relations, including bonuses and welfare allowances, and the upper limit is three times. The upper limit of three times means that the average wage of employees in local cities cannot exceed three times. If the wage standard exceeds the upper limit by three times, the upper limit is at most 12 months.