Compensation for employees dismissed by the company for three months

The compensation standard for employees dismissed by the company for three months is as follows:

1. If the employee is at fault, no compensation is required;

2. If the employee is not at fault, he shall be compensated for one month's salary for every full year, and half a month's salary for more than six months but less than one year and less than six months. Dismissal is the behavior of the employer to dismiss the employee, which refers to the compulsory measure that the employer terminates the labor relationship with the employee for some reason;

3. Being fired for improper reasons

Employees must sign labor contracts at work. Since it is a contract, the content must be in duplicate. In the absence of any violation of laws and regulations, dismissal means a violation of the labor contract and compensation should be made in accordance with the labor law. Under normal circumstances, it is carried out according to the working years. A year is a month's salary. If it is less than one year and more than six months, it will be counted as one month, and if it is less than six months, it will be counted as half a month. If the salary is three times higher than the local average monthly salary in the previous year, it will be paid according to the standard of three times, with a maximum of twelve months;

4. Dismissal for special reasons

In general, there are three reasons for dismissal. First of all, dismissal for just reasons requires prior notice and no compensation. Second, those who are dismissed for improper reasons shall be compensated according to the monthly salary standard; Third, if you dismiss for special reasons, you can choose compensation or inform one month in advance. Among them, the special reasons mainly include that the workers themselves are incompetent and the company cannot arrange other jobs; The objective conditions of the labor contract have changed, and both parties have reached an agreement through consultation; Laborers are incompetent and cannot be changed after training or post adjustment. At this time, you can inform one month in advance, or directly pay one month's salary compensation.

Payment terms of dismissal compensation:

1. If the parties to a labor contract reach an agreement through consultation, the employer shall terminate the labor contract, and the employer shall pay the economic compensation equivalent to one month's salary for every full year, with a maximum of twelve months.

2. Except for the termination of the labor contract due to the employee's illness or non-work-related injury, which is confirmed by the labor appraisal committee to be unable to engage in the original work or other work arranged by the employer, the employer shall pay the economic compensation equivalent to one month's salary for each full year, and at the same time pay the medical subsidy of not less than six months' salary. For those suffering from serious diseases and terminal diseases, medical subsidies should also be increased. The increase of serious illness is not less than 50% of Medicaid, and the increase of terminal illness is not less than 100% of Medicaid.

3. The laborer is incompetent for the job, and is still incompetent after being trained or adjusted. If the employer terminates the labor contract, the employer will pay the economic compensation equivalent to one month's salary for every year of work, and the longest period shall not exceed 12 months.

To sum up, in theory, disputes arising from dismissal by the company belong to labor disputes, and labor disputes belong to the scope of civil litigation. Then according to the legal requirements, you must take the initiative to appeal to get compensation. If you don't mention it yourself, the company won't punish you. In addition, the limitation of action for labor disputes is one year, after which our application will be rejected. Once you find that your rights and interests are damaged, you must take up legal weapons in time to safeguard your legitimate rights and interests.

Legal basis:

Article 9 of the Interim Provisions on Wage Payment

If both parties to the labor relationship dissolve or terminate the labor contract according to law, the employing unit shall pay the employee's salary in one lump sum when dissolving or terminating the labor contract.

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 divided into 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.