For unlawful termination, damages are double the economic compensation standard
Grade ABig benefitMoneyFreeSome timeSome willpower
If termination is unlawful, damages are double the economic compensation standard—commonly called 2N. Whether termination is unlawful depends on the facts. Ask legal aid or a lawyer first, then decide whether to negotiate with the company or go to arbitration.
- Cost
- No cost. Arbitration takes several months. The hard part is staying with the process the whole time and not dropping out midway.
- Benefit
- The Labor Contract Law provides that where an employer unlawfully terminates or ends a labor contract, it “shall pay damages to the worker at twice the economic compensation standard under Article 47 of this Law.” The calculation is to compute one economic compensation amount under that standard, then pay double
- Notes
- This is the common 2N. What counts as unlawful termination depends on the facts. Consult legal aid or a lawyer first, then choose negotiation or arbitration; routes are in Section 7
Sources · 1
- 全国人大常委会 (2007). 中华人民共和国劳动合同法（2008 年 1 月 1 日施行）（第八十七条）. gov.cn/gongbao/content/2007/content_711013.htm