Salary compensation of international five-star hotels

1. Whether to compensate depends on whether the labor contract you signed has provisions on liability for breach of contract.

According to the Labor Contract Law:

Article 36 The employer and the employee may terminate the labor contract through consultation.

article 37 a laborer may terminate the labor contract by giving a written notice to the employer 3 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probation period.

Article 38 If the employing unit is under any of the following circumstances, the employee may terminate the labor contract:

(1) Failing to provide labor protection or working conditions as agreed in the labor contract;

(2) failing to pay labor remuneration in full and on time;

(3) failing to pay social insurance premiums for workers according to law;

(4) The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

(5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

(6) Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

if the employer forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employer illegally directs or forces the risky operation to endanger the personal safety of the laborer, the laborer can immediately terminate the labor contract without informing the employer in advance.

2. If you find sufficient reasons to leave your job according to Article 38, you can ask the hotel for compensation.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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

article 47 the economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the standard of paying one month's salary for each full year. 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 employees in the local area published by the municipal 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 the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 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.