How to calculate severance compensation N
Recently, the topic of severance compensation has been hotly discussed on major social platforms and workplace forums. Many employees have doubts about how compensation is calculated when facing resignation. This article will combine the popular discussions on the Internet in the past 10 days to provide you with a detailed analysis of the calculation method of severance compensation N, and provide structured data for easy understanding.
1. What is severance compensation N?
Termination compensation N usually refers to the economic compensation paid by the employer in accordance with legal provisions or contractual agreements when an employee terminates the labor contract. N represents the number of years of service, and the amount of compensation is usually linked to the number of years of service.
2. Calculation standard for severance compensation N
According to the Labor Contract Law, the calculation standards for economic compensation are as follows:
| Working years | Compensation standard | Example (monthly salary 8,000 yuan) |
|---|---|---|
| Within 1 year | half month's salary | 4,000 yuan |
| 1-6 years | N months salary | 3 years = 24,000 yuan |
| More than 6 years | N months salary (up to 12 years) | 8 years = 64,000 yuan |
3. Compensation calculation under special circumstances
1. Illegal termination of the labor contract: When the employer terminates the employment contract illegally, it must pay 2N compensation.
2. Termination by consensus: Both parties can agree on a compensation higher than the legal standard.
3. Termination of probation period: Usually no compensation is required unless the employer is at fault.
| Release type | calculation standard | Legal basis |
|---|---|---|
| Legally terminated | N | Article 46 of the Labor Contract Law |
| Illegal discharge | 2N | Article 87 of the Labor Contract Law |
4. Other factors affecting the amount of compensation
1. Monthly salary calculation base: refers to the average salary in the 12 months before the contract is terminated.
2. Social security payment status: Failure to pay social security in full may affect the compensation calculation.
3. Bonuses and subsidies: Whether they are included in the salary base depends on the specific agreement.
| Influencing factors | Description | Common disputes |
|---|---|---|
| salary base | Includes basic salary + bonus + subsidy | Is the year-end bonus included? |
| Working years | Converted based on actual working months | Does the trial period count? |
5. Analysis of recent hot cases
The recent layoffs at a major Internet company have attracted widespread attention. According to employee reports, the company's compensation plan is "N+3", which means four months' salary for every year of work. This plan is higher than the legal standard and reflects the current competitive situation in the job market.
6. Rights protection suggestions
1. Keep evidence such as labor contracts and wage slips.
2. Be prepared to record when negotiating with the company.
3. If necessary, you can apply to the Labor Arbitration Commission for arbitration.
4. Consult a professional employment lawyer for personalized advice.
Through the detailed analysis in this article, I believe you have a clear understanding of the calculation method of severance compensation N. When facing resignation, it is recommended to understand the relevant legal regulations in advance and safeguard your legitimate rights and interests.
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