The severance allowance form, that is, the form for the payment of economic compensation, should include the name of the form: XX Company Employees’ Resignation Economic Compensation Form, the columns in the table: name, number of months of economic compensation, standard, amount and signature, etc., form Bottom: Filler, approver and date.
The payment of severance allowance is generally based on the salary table. Just fill in the "economic compensation" and the corresponding amount in the blank items of the salary table. This eliminates the need to prepare a separate form.
Economic compensation should be calculated and paid in accordance with the law.
"Labor Contract Law"
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;
(2) The employer proposes to terminate the labor contract in accordance with the provisions of Article 36 of this Law and communicates with the employee The labor contract is terminated by consensus through consultation;
(3) The employer terminates the labor contract in accordance with Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with Article 40 of this Law; Paragraph 1 of Article 1 stipulates the termination of the labor contract;
(5) Unless the employer maintains or renews the labor contract by improving the conditions agreed in the labor contract, and the employee does not agree to the renewal, the labor contract shall be terminated in accordance with Article 1 of this Law. Termination of a fixed-term labor contract as provided in Paragraph 1 of Article 44;
(6) Termination of a labor contract in accordance with Paragraph 4 and Paragraph 5 of Article 44 of this Law;
(7) Other situations stipulated in laws and administrative regulations.
Article 47: Economic compensation shall be paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.
If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.
Article 50 The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.
Workers should handle work handover in accordance with the agreement between the two parties. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.