Traditional Culture Encyclopedia - Hotel reservation - Are employees compensated for the hotel closure?

Are employees compensated for the hotel closure?

Employees who close the hotel can apply for relevant compensation. Generally speaking, employees will be paid economic compensation, and the calculation standard of economic compensation should be determined according to the working years and calculation base. After all, the contract was terminated for company reasons. Once a company goes bankrupt, it means to terminate the labor contract with its employees, which is also one of the cases of terminating the labor contract stipulated by law. If the employer terminates the contract for its own reasons, it shall pay the corresponding compensation to the laborer. And the economic compensation is paid according to the number of years the laborer has worked in this unit and the standard of paying one month's salary every full year. For more than six months but less than one year, it shall be counted as one year; Less than six months, pay economic compensation for half a month's salary. If the hotel refuses to pay compensation, employees can complain to the labor inspection brigade to protect their rights, with low cost; You can also apply for labor arbitration to protect your rights, or bring a lawsuit directly to the court. According to the relevant provisions of the Labor Contract Law of People's Republic of China (PRC), the economic compensation is paid to the employee according to the number of years he has worked in this unit and the standard of paying one month's salary every 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 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.

legal ground

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

Article 47 Calculation of economic compensation The economic compensation shall be paid according to the standard that the laborer shall be paid one month's salary for each full year of working 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.