Answer: In case that an employers illegally terminate an employee and the employee does not elect to claim for reinstatement, the employer is liable to pay punitive damages. The calculation method for punitive damages is twice the amount of the economic compensation computed according to “How to calculate economic compensation?” (the so-called 2N punitive damages).Read more about 129.How to calculate punitive damages?[…]
Answer: Several issues need attention in calculating economic compensation and compensation: Firstly, the number of months calculated corresponding to service years is handled based on the rule of “rounding up on four and rounding up on five,” instead of the common mathematical rule of “rounding down on four and rounding up on five.” For example,Read more about 130.What are the considerations for calculating economic compensation and punitive damages?[…]
Answer: The implementation of the Employment Contract Law on January 1, 2008 changed the calculation rules of economic compensation. This piece of legislation specifically provides for a transitional, segmented treatment rule: the length of service of employees before 2008 is treated in accordance with the law before the implementation of the Law, and the lengthRead more about 131.How to distinguish the calculation of economic compensation and punitive damages for service years before and after 2008?[…]
Answer: According to Article 40 of the Employment Contract Law, an employer must give one month’s notice in advance to terminate their employee on the grounds of the employee’s health incompetence and ability incompetence and major changes in objective situation. The employer must pay one month’ wages in lieu of notice if it fails toRead more about 132.How to calculate the payment in lieu of notice?[…]
Answer: Under Article 48 of the Employment Contract Law, if an employer unlawfully terminates an employee’s employment relationship, the employee may request to reinstate, e.g., continue performing the employment contract. Reinstatement is often very important for employees who are unlawfully terminated, as it may relate to their basic subsistence. However, there are exceptions to theRead more about 133.My employer illegally fired me. Can I request reinstatement?[…]
Answer: Whether your employee can renege on the compensation agreement depends on how the agreement is reached, whether the agreement is manifestly unfair, and whether the claim exceeds the limitation of arbitration. The way the compensation agreement between the two parties is reached is very important. If the agreement is reached under the auspices ofRead more about 134.The employee has reached a compensation agreement with my company and has received the money. Is it legal for the employee to renege on his words and propose arbitration now?[…]
Answer: An employee who has lost their job must meet all the three conditions to be eligible for unemployment insurance: minimum one year of contribution of unemployment insurance before becoming unemployed, the termination being non-voluntary, and having registered for unemployment and actively seeking employment without success. The aforementioned non-voluntary termination refers to the terminations ofRead more about 135.Can I get unemployment insurance after I lost my job?[…]
Answer: Whether the boss of the company should compensate, with their personal assets as unlimited liability, employees’ wages, economic compensation, and other employment entitlements (hereafter refer to employment debts or employment claim) firstly depends on the types of different employers. Compared with the insolvency distribution, the boss’s personal liability for compensation is often a moreRead more about 136.Can an employee ask the owner of a bankrupt company to compensate for his wage?[…]
Answer: In most circumstances, the shareholders or boss of a limited liability company do not need to bear personal liability for wages or other employment debts owed. This is because under the legal framework of a limited company, the company is only liable for the debts within the limits of the company’s assets, isolating theRead more about 137.Is the owner of an limited liability company liable for employees’ wages?[…]
Answer: Termination or dissolution of employment relationship may have the following seven ways: The first is termination of employment contract by mutual agreement (Article 36 of the Employment Contract Law). Normal terminations by mutual agreement are that both parties sign a clear settlement agreement. In practice, there may be situations where termination¡¯s reason is disputedRead more about 104.How many ways are there for termination of employment relationships?[…]
