Article introduction: Be faced with in the enterprise when tearing open change, how is loss of stop production close down calculated? 7 methods can consult!
One, include " must pay " and " ought to accrual " two
The enterprise tears open the loss of stop production close down of change, it is to point to tear open change as a result of the expropriation of the building and cause an enterprise to production manages an activity to pause or be stopped, the loss that produces from this. Include each charge that the company must pay because of stop production place among them, and the regular income that ought to get. For example the regular income when interest of loan of all sorts of the firewood fulfil of employee, contract penalty due to breach of contract, bank, enterprise is managed. Because impose the loss that tear open a building and causes,the loss of stop production close down of computational earning should be really, and have those who comparative is causal, do not grant to compensate otherwise.
The first, in respect of pay salary fulfil, remove to be being caused because of tearing open change of labor contract, answer to consider by the regulation of concerned labor code; Did not remove of labor contract, answer to consider in order to stop the base pay between time limit for a project and social security charge, the relevant charge such as social security should is with code of relevant social security accurate.
The 2nd, all sorts of contract penalty due to breach of contract, include a sale among them contract penalty due to breach of contract and purchase contract penalty due to breach of contract. Because tear open change to cause the loss of contract beak a contract, on the base that should undertaking the contract talks things over removing, have a consideration in order to examine the specific content of contract provision.
The 3rd, it is to the enterprise in process of stop production close down, the loan reimbursement that brings about cannot, and the accrual of bank loan exceed the time limit of generation, will occupy solid computation according to actual condition.
The 4th, the regular income when the enterprise is managed is the net income after pointing to duty, should consult line of business of person of the same trade is average yield, this company is the closest regular income level of 3 years, and the time that stop production close down lasts will think integratedly and be calculated. Front courtyard of principle columns of a hall tears open change group to understand, specific measure is made by province, municipality, municipality directly under the Central Government. The time that place of stop production close down lasts, be after showing the enterprise receives the announcement that tear open change, from stop production the sun of close down rises, to rebuild return to normal management day stops.
The 5th, to bear the close down loss that hires a company, the odd lease that agrees with original contract will calculate.
The 6th, other the loss that produces because of place of stop production close down.
2, compensatory of loss of stop production close down is relevant policy
Basis " house of state-owned land main rooms is collected with compensation byelaw " the seventeenth regulation, the compensation that to be being collected the person offers includes government of people of class of the city that makes a building collect a decision, county " the loss of stop production close down that because collect a building,causes is compensated " . Accordingly, front courtyard of principle columns of a hall thinks because impose the loss that tears open an activity to cannot continue to be engaged in production is managed and be being caused,loss of stop production close down is. The 23rd sets: To causing compensation of losing of stop production close down because of collecting a building, the factor such as deadline of close down of the benefit before be being collected according to the building, stop production is certain. Specific measure is made by province, municipality, municipality directly under the Central Government. Below, how do we visit each district set.
1.With be being collected the one certainty ratio of the total value of the building is calculated
For example, " Nanjing city asks for land building to tear open change compensation to bring buy way " regulation, building of house of the blame that tear open change creates stop business, belong to do business those who use a room, should give do not tear open change to compensate a compensation; of 8% to belong to more than blame do business use a room, ought to give do not tear open change to compensate a compensation of 5% more than.
2.The roofing that press a room accumulates computation
Shanghai regulation, because tear open change to cause losing of stop production close down, compensation standard according to 300-400 of area of the housing that be demolished yuan / M2 computation, talk things over by the party that tear open change affirmatory.
3.Decide according to managing income and gain
Shenzhen regulation, tear open change to manage sexual building to cause stop production, close down legally, can prove to provide profit standard according to pay taxes, offer 3 months compensation of profit after tax; Cannot provide profit standard, according to go up course of study of year person of the same trade is mean monthly computation of forehead of profit after tax, or according to hire of congener building market, offer the compensation of 3 months.
4.Divisional the enterprise that be torn open uses a room is residential building or blame house building
In " house of state-owned land main rooms collects Beijing loss of stop production close down compensates temporary measure " in the announcement, made detailed provision.
5. is calculated according to business fixed number of year amount
It is commonly after deciding duty radical, according to doing business fixed number of year decides corresponding compensation is diploid.
6.By evaluate an orgnaization
By the assessment that has aptitude the orgnaization is undertaken assessment to loss of stop production close down, according to evaluate a result to undertake compensating.
7.Talk things over according to actual condition affirmatory
Provide relevant data by enterprise of the change that be torn open, prove amount of losing of stop production close down, undertake negotiation deciding with the person that tear open change.
Front courtyard of principle columns of a hall hints you:
1, the company that is involved to stop, farm, should offer reasonable compensation by prefectural class government. If to compensation, place does not have relevant legal provision, should consult the relevant regulation that drafts the ground to tear open change undertakes assessment. Compensation content basically includes loss of close down of compensation of farm building loss, stop production, equipment loss damages, loss of the attachment on the ground.
2, basis " law of resource of mineral products of People's Republic of China " " land management method " " house of state-owned land main rooms is collected with compensation byelaw " the regulation that waits for law, for the need of public interest, collect the building of the unit on state-owned land, individual, ought to be opposite droit of building be expropriationed person (person be expropriationed) offer fair compensation. The compensation that to be being collected the person offers includes government of class of the city that makes a building collect a decision, county: The compensation of value of building be expropriationed; Because collect what the building causes to remove, the compensation that finds a place for temporarily; Because collect the compensation of losing of stop production close down that the building causes; The attachment on the ground is compensated; Young crops is compensated; Accessorial award. When collecting individual residence, room of chummage of accord with of person be expropriationed ensures a condition, government of people of class of the city that makes a building collect a decision, county ought to preferential give housing safeguard. Say so, if collect land because of repairing reservoir, should give immigrant to find a place for reasonably compensation, can include a building compensation, money compensation, social security, offer a few shares such as obtain employment.
3, want to win compensation of loss of stop production close down, register address and location of actual classics camping ground to want to agree above all, should business charter, pay taxes is registered, pay taxes record, it is the legal industry of the action that manages actually, the company that runs normally. The landlord of rental building is non-privileged view " compensatory of loss of stop production close down " . In practice, collect tear open change to often just give letter compensation money directly. So business door should advocate his legitimate rights and interests. If cannot talk things over,solve, do not want protracted time, adopt legal approach to safeguard oneself rights and interests as soon as possible.
4, according to our country relevant law sets, person be expropriationed is torn open change person can be in receive collect a decision, administration mentions to reconsider inside 60 days when collect the specific administration action such as compensation decision, administrative lawsuit mentions inside 6 months. If house by forced releasing, want right of dimension of the to lodge a complaint inside 6 months in the day that knows forced releasing. Some tear open change door to be able to be written to visit, but the letter is visited is not legal approach, how long to no matter the letter is visited,make the argument that sues deadline to interrupt. Person of a lot of change that be torn open is written to visit delayed time, miss litigant effectiveness for a given period of time, although sue, the court also won't be accepted. Although look for a lawyer, what to do to help you! In practice, no matter look for superior to reflect a condition, go informing against local staff member, visit everywhere, cannot essence solves a problem, those who delay is your valuable time that defends rights and interests only! In cannot with collect the circumstance that tears open change to just negotiate negotiate to fall, ask what contact major as soon as possible to ask for tear open a lawyer, seek a solution.
Attention " front courtyard of principle columns of a hall tears open change lawyer " a date, illicit letter leaves a message, can enjoy man-to-man solve.
