How to compensate the company's persuasion?

How to compensate for the company's resignation needs specific analysis. The following is the analysis: the employee's resignation compensation is paid to the employee according to the standard of economic compensation, and the economic compensation is determined according to the employee's working years in the employer. There are two ways for a company to dismiss employees: advance notice dismissal and negligent dismissal.

If the employee is dismissed by the employer, the employer shall pay the employee's salary. In addition to wages, whether the employer gives economic compensation or compensation to the dismissed workers can be divided into the following four situations:

1. If the employee resigns voluntarily after being persuaded by the employer, the employer does not need to pay economic compensation.

2. The employer is dissolved in accordance with the law and does not pay economic compensation. The laborer has the circumstances stipulated in Article 39 of the Labor Contract Law, such as serious violation of the company system, causing great economic losses to the company and being investigated for criminal responsibility. If the employer proposes to terminate the labor relationship, it is not necessary to pay economic compensation or compensation.

3. If the employer is dissolved according to law, it needs to pay economic compensation. If the laborer meets the provisions of Article 40 of the Labor Contract Law, the employer may terminate the labor contract. However, the employer shall pay economic compensation to the workers. The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the unit.

4. If the employer terminates the contract illegally, it shall pay compensation. If the employing unit cannot decide the cause or reason for dismissing the employee, it shall pay compensation according to the standard of two months' salary for each full year of the employee's working years.

What should employees pay attention to when they are dismissed?

1. If the company persuades you, you can disagree, but you must not leave your job voluntarily, and the company cannot verbally agree. You must have clear evidence (preferably written evidence, recording, SMS, etc.). ) you can consider choosing not to go to work. According to the rules and regulations of many units, employees' continuous absenteeism for more than three days is regarded as a serious violation of the rules and regulations, and the employer has the right to terminate the labor contract without any economic compensation. So, don't ignore this problem, which will lead to this serious consequence.

2. If a dispute arises, you must find a way to remedy it, and prove that you didn't intentionally miss work at first, but were instructed by your employer. You can pass the witness, preferably supplemented by other evidence. Recording is often easier to obtain.

3. Furthermore, if the company dismisses you because of your serious violation of rules and regulations, it depends on the democratic procedures stipulated in the rules and regulations and whether you have been publicized. If you have never seen this regulation, you can question its legality and raise an objection according to its dismissal decision.

4. After being dismissed, they should actively advocate the economic compensation for the termination of the labor contract and safeguard their legitimate labor rights and interests.

Legal basis:

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

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

Article 47 of People's Republic of China (PRC) Labor Contract Law

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years 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.