How much is the compensation for layoffs?

1. Economic Compensation According to the number of years employees have worked in the company, they will be paid one month's salary every year.

(1) Employees who have worked for more than six months but less than one year shall be calculated according to the standard of one year;

(2) If the employee has worked for less than six months, he shall pay the employee economic compensation of half a month's salary;

(3) The economic compensation is calculated according to the employee's due salary and the average salary in1February before the termination of the labor contract.

2. If the monthly salary of employees is three times higher than the average monthly salary of local employees announced by the municipal people's government of the municipality directly under the central government or the city where the company is located, economic compensation shall be paid according to the amount of three times the average monthly salary of employees.

(1) The maximum time limit for paying economic compensation to workers shall not exceed twelve months.

(2) Personal income tax shall be exempted if the economic compensation does not exceed 3 times the average salary of local employees in the previous year; The part exceeding 3 times shall not be incorporated into the comprehensive income of the current year, and the comprehensive income tax rate table shall be applied separately for taxation.

Second, what is the process of economic layoffs?

1, explain the situation to the trade union or all employees 30 days in advance and provide production and operation information; Layoffs are neither employees' fault nor employees' own reasons. Layoffs will always have a negative impact on employees' lives to some extent. Therefore, we should listen to the opinions of trade unions or employees before layoffs.

2. According to the provisions of laws, administrative regulations and collective contracts, put forward the downsizing plan, including the downsizing list, the downsizing time and implementation steps, and the economic compensation measures for the downsizing; The employing unit shall not reduce the following personnel: those who suffer from occupational diseases or work-related injuries and are confirmed to have lost or partially lost their ability to work; Female employees during pregnancy, childbirth and lactation; Other circumstances stipulated by laws and administrative regulations.

3. Seek the opinions of the trade union or all employees on the staff reduction plan, and modify and improve the plan;

4, report to the local administrative department of labor and social security personnel reduction plan and the opinions of the trade union or all employees, and listen to the opinions of the administrative department of labor and social security;

5. The employing unit officially announces the plan for retrenchment, goes through the formalities for terminating the labor contract with the retrenched personnel, pays economic compensation to the retrenched personnel in accordance with relevant regulations, and issues a certificate of retrenchment.

Third, what problems should be paid attention to in economic layoffs?

1, see if you can get laid off. According to the Labor Law, there are four categories of workers who are not allowed to be laid off, including those who suffer from occupational diseases or work-related injuries and are confirmed to have lost or partially lost their ability to work; Being sick or injured within the prescribed medical treatment period; Female employees during pregnancy, childbirth and lactation; Other circumstances stipulated by laws and regulations. If you fall into one of these situations, the company should not put you on the layoff list.

2. The company shall notify the laid-off employee 30 days in advance, and if not, it will pay an extra month's salary instead of giving the notice in advance.

You have the right to be given priority by your former company. If you haven't found a job within six months after being laid off, or you have a job, but you are not satisfied. At this time, you find that the original company (the company that laid you off) is hiring again. You can re-apply, and the company has the obligation to give priority to you. Of course, the labor contract should be re-signed.

Legal basis:

People's Republic of China (PRC) labor contract law

Article 41 Under any of the following circumstances, if it is necessary to reduce more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may reduce employees after explaining the situation to the trade union or all employees 30 days in advance and listening to the opinions of the trade union or employees.

(1) Conforming to the provisions of the Enterprise Bankruptcy Law;

(two) serious difficulties in production and operation;

(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;

(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.

When reducing personnel, priority should be given to retaining the following personnel:

(1) Concluding a long-term fixed-term labor contract with the unit;

(2) Concluding an open-ended labor contract with the unit;

(3) there are no other employees in the family, and there are elderly people or minors who need to support them.

If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.

Article 47 Calculation of economic compensation The economic compensation shall be paid according to the standard that the laborer shall be paid one month's salary for each full year of working 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, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.