19-006 · EVIDENCE A · SOURCE-SENSITIVE
When a company unlawfully terminates employment, the compensation equals twice the standard severance amount
公司违法解除的，赔偿金是经济补偿标准的二倍
There is no direct cost involved. However, arbitration can take several months to resolve, and you must remain actively involved throughout this period without being able to drop the process midway.
If a company unlawfully terminates an employee, the compensation payable is twice the standard severance amount — commonly referred to as “2N.” Whether termination qualifies as unlawful depends on specific circumstances. It’s advisable to seek legal aid or consult an attorney first to determine whether negotiation with the employer or pursuing arbitration is the better course of action.
A
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What the source says
The source summarizes the return this way: “If a company unlawfully terminates an employee, the compensation payable is twice the standard severance amount — commonly referred to as “2N.” Whether termination qualifies as unlawful depends on specific circumstances. It’s advisable to seek legal aid or consult an attorney first to determine whether negotiation with the employer or pursuing arbitration is the better course of action.” Evidence grade A. The original states the population, caveats, and sources; this is not a personal forecast.
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THE ENGLISH EDITION
Original recommendation and evidence
6. When a company unlawfully terminates employment, the compensation equals twice the standard severance amount
Cost: There is no direct cost involved. However, arbitration can take several months to resolve, and you must remain actively involved throughout this period without being able to drop the process midway.
In plain terms: If a company unlawfully terminates an employee, the compensation payable is twice the standard severance amount — commonly referred to as “2N.” Whether termination qualifies as unlawful depends on specific circumstances. It’s advisable to seek legal aid or consult an attorney first to determine whether negotiation with the employer or pursuing arbitration is the better course of action.
Benefit: Under labor law, employers who unlawfully terminate or end employment contracts must pay compensation equal to twice the standard severance amount outlined in Article 47 of the law. This means first calculating the standard severance figure and then doubling it for payment to the employee.
Evidence grade: A
Sources: Standing Committee of the National People's Congress (2007). Labor Contract Law of the People's Republic of China (Effective on January 1, 2008) (Article 87). <http://www.gov.cn/gongbao/content/2007/content_711013.htm>
Notes: This is the commonly known “2N” compensation rule. Whether termination qualifies as unlawful hinges on particular facts and conditions. Seek legal counsel first; further guidance on next steps is provided in Section 7.
Read the complete Chinese source and notes
6. 公司违法解除的，赔偿金是经济补偿标准的二倍
成本: 不花钱。走仲裁要等几个月。难在这几个月要一直跟着办，不能中途放弃。
说人话: 公司属于违法解除的，赔偿金按经济补偿的标准翻倍，也就是常说的 2N。是不是违法解除要看具体情形。先找法律援助或者律师问清楚，再决定是跟公司谈，还是去仲裁。
收益: 劳动合同法规定，用人单位违反本法规定解除或者终止劳动合同的，「应当依照本法第四十七条规定的经济补偿标准的二倍向劳动者支付赔偿金」。算法是先按经济补偿那套标准算出一份，再翻一倍给你
证据等级: A
来源: 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）. <http://www.gov.cn/gongbao/content/2007/content_711013.htm>
备注: 这就是俗称的 2N。什么算违法解除要看具体情形。先咨询法律援助或者律师，再决定是谈还是去仲裁，路径见第 7 节
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