Will employees be compensated for hotel demolition?

Will employees be compensated for hotel demolition? As a hotel employee, if the employer can't continue to perform the contract, it can claim compensation for the length of service.

In recent years, due to the re-division of urban functional areas by the * * * department, the pace of urban modernization has obviously accelerated, and urban re-planning and construction inevitably involves the demolition of enterprises, which has caused a series of problems such as whether the * * * collection procedure is legal and whether the compensation for the demolished enterprises is reasonable. In order to protect the legitimate rights and interests of the demolished enterprises, I hope that enterprises can learn from them when facing demolition.

1, land and house value compensation

The value compensation of land and houses mainly includes the compensation price of land location and the replacement of houses into new prices. The land location compensation price refers to the value of the land use right within the legal use range of the demolished person, which is mainly determined by the location and use of the land. Enterprise land is generally industrial land, although its value is lower than that of residential and commercial land, but the compensation price of land location is often a very important part of demolition because the factory buildings and warehouses of enterprises occupy a large area. The replacement of houses with new prices mainly refers to the replacement of demolished houses with new average prices in a certain period and region. Generally speaking, it is the construction cost price of the house. This cost price is relatively fixed, generally around 1, 500-2,000.

In the process of demolition, the appraisal company entrusted by the demolition party often calculates the land location compensation price and the house replacement price, that is to say, the demolished person can't see how much the land is worth and how much the house is worth from the appraisal report, so it is difficult to question its legitimacy. In many places, the demolition will even tell you that there is no land compensation project for the demolition of this project, which is to cover up the huge profits made by the demolition party on the land.

2, decoration accessories compensation

Regarding the compensation for decoration accessories, all localities have detailed rules for the implementation of various compensation standards for decoration accessories, and the compensation content is mainly evaluated by evaluation agencies according to the standards formulated by various localities. The content of this compensation is relatively fixed, and there is not much room for flexibility. The enterprises to be demolished should mainly review whether there are any omissions in the evaluation report.

3. Compensation for losses caused by suspension of production or business.

The loss of production and business suspension refers to all the losses caused by the failure of enterprises to operate normally due to demolition. When calculating this loss, we should not only consider the loss of profit before demolition, but also consider the loss of current business volume, customer resources and expected benefits. Articles 17 and 23 of the Regulations on Expropriation and Compensation of Houses on State-owned Land promulgated by 20 1 1 stipulate that compensation should be given if the houses are expropriated and losses are caused, and it is proposed that compensation should be determined according to the income before expropriation and the period of suspension of production and business. Due to the different calculation standards of suspension of production and business in different places, the profit and loss of each enterprise are also different. Therefore, the loss of production and business suspension is the most flexible compensation for demolition, which should be highly valued by enterprises.

4, relocation costs, relocation losses

When an enterprise is faced with demolition, the relocation expenses include not only the relocation expenses of all machinery and equipment, various means of production and office supplies from one place to another, but also the relocation losses, which mainly refer to the loss, depreciation and loss of machinery and equipment caused by the disassembly and assembly of these machinery and equipment and means of production during the relocation process. If it is a large-scale enterprise demolition, this part of the relocation loss should be entrusted to a special asset evaluation agency for evaluation.

5, demolition incentive fee

In the process of demolition, in order to speed up the demolition progress, the demolition people often adopt the method of quick move reward to encourage the demolition people to sign the demolition resettlement compensation agreement as soon as possible and move out of the demolished houses. The amount of each award is mainly determined by the implementation opinions of specific projects.

6. Employee placement fee

Involving collective enterprises or state-owned enterprises and staff placement costs, mainly through the payment of social insurance for laid-off workers to achieve.

If resettlement is selected: land replacement or land plus housing replacement, the compensation items include:

1. If you only choose land replacement, and the enterprise will build a factory building on the replaced land, then you have the right to get compensation for attachments on the ground, including compensation for replacing the house with a new price, compensation for planting plants on the ground, compensation for hardening the ground with cement, and relocation expenses for other immovable attachments and machinery and equipment.

2. How to choose land and housing placement? As for the loss of production and business suspension, it can only be compensated for a certain period of time. Because you choose land or house replacement, you can determine the time to stop production and business, which may be one year or half a year, and you can only get the loss of production and business for a certain period of time.

You can also learn more about demolition. Baidu search China enterprise demolition expert lawyer network, or click qycq directly. Use legal weapons to reasonably safeguard their legitimate rights and interests.

What compensation will the pavement demolition get? The demolisher compensates the demolished person, and then the lessee demands the demolished person.

What compensation will the factory demolition get? Under normal circumstances, we all know that the factory covers a very large area, and it is generally in sparsely populated places around the city. But now, because of the rapid economic development, the land for building new buildings will not be enough, and even factories will be demolished. Of course, even if the demolition, there is still a price standard.

(a) the cost of compensation for the demolition of assets

1. Problems of land compensation fees in practice.

The business premises of an enterprise are generally obtained through leasing. Leased land is divided into leased state-owned land and leased collective land. The demolition of enterprises will inevitably lead to the termination of this lease relationship, so how to protect the expected interests of enterprises in the lease contract? The "Regulations" stipulate that the object of compensation for demolition is buildings and appendages on state-owned land, and there is no uniform provision for compensation for open space or net land. It is useless to stipulate the demolition of buildings on collective land.

There are also those who directly obtain the right to use state-owned land through bidding, auction, hanging or allocation. In the land management law, only appropriate compensation is provided for the recovery of state-owned land use rights, and there is no detailed provision.

The compensation for land demolition in all parts of the country is often calculated together with the compensation for houses and buildings, and there are a lot of unclear and opaque situations, which leads to the inability of right holders to obtain corresponding reasonable compensation. At the same time, this is also the place that our legislature and administrative organs should protect when formulating laws, regulations and policy documents. I hope the relevant departments can pay attention to it.

2. How to determine the compensation cost of houses and buildings.

The compensation for houses and buildings shall be based on the construction area registered in the relevant property right certificate. Due to historical reasons, it is impossible to apply for real estate license and land certificate, which can be determined by actual measurement. The value of houses and buildings is generally determined by the demolisher and the demolished person by entrusting an appraisal company to determine the actual value of houses and buildings according to the relevant appraisal technical standards.

3. The equipment replenishment fee is calculated according to the replacement price.

The cost of equipment relocation and installation shall be calculated according to the freight transportation price and equipment installation price stipulated by the state and local governments. Machinery and equipment are divided into two categories: one is detachable equipment; Second, the equipment can't move; The loss caused by removing the movable equipment can be divided into physical loss and functional loss. The physical loss expenses include dismantling expenses, transportation expenses, installation expenses and debugging expenses. The cost of function loss includes the decrease of machine precision and the increase of unqualified products caused by relocation. For non-detachable equipment, dismantling will lead to the scrapping of the equipment, so we should calculate the replacement price of the equipment in combination with its new and replacement price and compensate everyone.

In the actual operation of demolition, all localities should determine the relocation and installation costs of non-residential houses; Equipment that cannot be restored to use shall be compensated according to the replacement price of the equipment.

(2) Loss due to suspension of production or business.

This part is a controversial part in legal practice. In my opinion, the cost of suspension of production and business should include not only the actual losses of raw materials, semi-finished products and other items, but also the compensation amount determined according to the actual sales or profits in the same period of last year. This part of the cost is often the part that directly affects the total salary of the enterprise, so it is also the top priority of lawyers' rights protection.

Article 23 of the "Regulations" stipulates that the compensation for the loss caused by the expropriation of houses shall be determined according to the benefits before the expropriation of houses and the period of suspension of production and business. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The specific standards and calculation methods are not uniformly stipulated in this Ordinance, nor are they stipulated in other laws and administrative regulations. In legal practice, the standards and basis of compensation are often stipulated by municipal local governments in policy documents. It is a pity in legislation that the compensation standards vary from place to place and the calculation methods are different.

(3) Compensation for demolition and relocation

1, equipment relocation and installation fee

For the equipment that can be relocated, it should be relocated, installed and put into use in different places on the principle of continuous utilization. Accordingly, the cost of equipment relocation and installation is an inevitable loss caused by demolition, and the demolition person should compensate it.

2. Resettlement compensation expenses for dismissed employees.

There is no detailed provision in the laws, regulations and policy documents on the compensation expenses for the employees who have been dismissed due to demolition, which belongs to the project that the demolition parties strive for through consultation. If the demolition leads to the dismissal of employees, compensation shall be given according to the specific labor contract signed with employees and the relevant provisions of the Labor Law.

(four) incentive fees based on the demolition policy

In the process of demolition, in order to speed up the demolition progress, the demolition often adopts the way of quick relocation reward, encouraging the demolition and lessee to sign the demolition compensation agreement as soon as possible and move out of the demolition scope. The amount of incentive fee shall be determined by the demolisher according to the actual demolition situation, and may also be determined by the demolisher, the demolished person and the actual lessee through consultation. It should be noted that if the owner and user of the demolished factory are separated, the incentive fee should be paid to the lessee who actually uses the demolished factory, which has been stipulated in the policy document and is reasonable.

Because many friends' factories are mostly used for processing or supply enterprises, and their uses are also great. However, if the country wants to build buildings and improve the city appearance, it must actively cooperate with the work. The state will compensate the demolition assets and expenses, and compensate and reward the losses caused by cooperation.

You can also learn more about demolition. Baidu search China enterprise demolition expert lawyer network, or click qycq directly. Use legal weapons to reasonably safeguard their legitimate rights and interests.

Will employees who close the hotel be compensated? Article 27 If it is really necessary for an employing unit to reduce its staff during the period of legal rectification on the verge of bankruptcy or serious difficulties in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department before it can reduce its staff.

If the employing unit reduces its staff in accordance with the provisions of this article and employs the laid-off staff within six months, it shall give priority to the laid-off staff.

Article 28 If the employing unit terminates the labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the state.

Can the employees of the demolished supermarket get compensation? Demolition should be with the supermarket.

Of employees have no direct

Relationship, but also from the lawsuit.

Subsidies are given elsewhere.

Will illegal building demolition be compensated? Illegal building demolition will not be compensated, but in rural areas, some illegal building demolition is compensated, because it is not a national demolition, and the demolition procedures are incomplete, and the local rebate is not small, afraid of trouble, the compensation standard of ordinary people is very low, so some illegal buildings are also counted.

The house bought has not been transferred, will the demolition compensate? 1. Check whether there is a purchase contract and a receipt for payment of the purchase price. If not, ask the seller to make it up. The procedures for buying a house must be kept well, which is the key certificate. 2. Find the owner (seller) who registered the house to issue a certificate to prove that the house has been sold and paid off, and the house has been delivered. 3, with the above documents to the demolition registration, and strive to become a demolition. If the seller doesn't cooperate, he can only take legal measures. Sue to the court and ask the seller to cooperate with the transfer of the house. If the seller becomes a demolished person before the house is transferred, he may take the compensation and resettlement money, and he needs to ask the court to take preservation measures for the compensation and resettlement money immediately. If the seller does not cooperate, it is best to find a local lawyer to help protect rights.

Father took refuge in me for many years, will he get compensation for demolition? According to the description, only the owner of the house can get the relevant compensation for demolition.

1. Demolition refers to the legal act of a licensed unit to demolish houses and accessories within the scope of construction land, resettle units and residents within the scope, and compensate their losses according to the requirements of urban construction planning and land use documents approved by * * * *.

2. In the process of demolition, it has nothing to do with household registration. It is necessary to have the ownership of the house in order to get some compensation during the demolition.

Relevant laws and regulations: Regulations on Expropriation and Compensation of Houses on State-owned Land

Seventeenth people at the city and county level who have made the decision on house expropriation shall compensate the expropriated person, including:

(1) Compensation for the value of the expropriated house;

(two) relocation compensation and temporary resettlement caused by the expropriation of houses;

(3) Compensation for losses caused by expropriation of houses.

City and county people * * * shall formulate measures for subsidies and incentives, and give subsidies and incentives to the expropriated people.

The factory can't be demolished because of land requisition. If employees are arranged in other factories, will there be compensation for not going? If the factory can't open due to land requisition and demolition, and the employee is relocated to another factory, and the employee refuses, the employer shall pay the employee economic compensation (one month's salary for each year of service).

Labor Contract Law

Article 44 A labor contract shall be terminated under any of the following circumstances:

(a) the expiration of the labor contract;

(two) workers began to enjoy the basic old-age insurance benefits according to law;

(3) The laborer dies, or is declared dead or missing by the people's court;

(4) The employing unit is declared bankrupt according to law;

(5) The business license of the employing unit is revoked, ordered to close down or revoked, or the employing unit decides to dissolve in advance;

(6) Other circumstances stipulated by laws and administrative regulations.

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.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work 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 a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve 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.