Compensation standards for Shanghai factory relocation workers

Legal analysis: Economic compensation is paid to workers based on the number of years they have worked in the unit, with one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

Legal basis: "Land Management Law of the People's Republic of China"

Article 2 The following land is owned by the whole people, that is, the state:

(1 ) Land in urban areas;

(2) Land in rural areas and urban suburbs that has been confiscated, expropriated, and requisitioned as state-owned according to law;

(3) Land expropriated by the state in accordance with law;

(4) Forest land, grassland, wasteland, tidal flats and other lands that are not collectively owned according to law;

(5) If all members of a rural collective economic organization become urban residents, the original Land collectively owned by its members;

(6) Land originally owned by the collective of the relocated farmers that is no longer used after the collective relocation of farmers from organized areas due to state-organized migration, natural disasters, etc.

Article 48 When land is expropriated, fair and reasonable compensation shall be provided to ensure that the original living standards of the land-expropriated farmers are not reduced and their long-term livelihood is guaranteed.

When land is expropriated, land compensation fees, resettlement subsidies, and compensation fees for rural villagers' houses, other ground attachments, and young crops must be paid in full and in a timely manner in accordance with the law, and social security expenses for the land-expropriated farmers must be arranged.

The standards of land compensation fees and resettlement subsidies for expropriated agricultural land shall be determined by provinces, autonomous regions, and municipalities directly under the Central Government through the formulation and publication of comprehensive land prices for areas. When formulating comprehensive land prices for areas, factors such as the original land use, land resource conditions, land output value, land location, land supply and demand, population, and economic and social development levels should be comprehensively considered, and should be adjusted or re-announced at least every three years.

The compensation standards for the expropriation of land other than agricultural land, ground attachments, and young crops shall be formulated by the provinces, autonomous regions, and municipalities directly under the Central Government. For the houses of rural villagers among them, fair and reasonable compensation shall be given in accordance with the principle of first compensating and then relocating and improving the living conditions, respecting the wishes of rural villagers, and adopting methods such as rearranging the homesteads to build houses, providing resettlement houses or monetary compensation, and Compensation will be provided for relocation, temporary resettlement and other expenses caused by expropriation, and the right to live and legal housing property rights of rural villagers will be protected.

Local people's governments at or above the county level should include farmers whose land has been expropriated into corresponding social security systems such as pensions. The social security expenses of land-expropriated farmers are mainly used to provide pension insurance and other social insurance payment subsidies for qualified land-expropriated farmers. The methods for raising, managing and using social security fees for land-expropriated farmers shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.