Estimate economic compensation (经济补偿金) when employment ends in mainland China: N, N+1 or 2N under the Labour Contract Law, with the high-earner cap, the part-year rule and the questions that decide which case applies. Use when asked 我被裁员了能拿多少补偿, N+1 怎么算, 经济补偿金计算, 违法解除 2N, or how much severance am I owed in China. Produces the scenario that likely applies and why, the calculation shown step by step, what to check before signing anything, and where to get it confirmed. Not legal advice.
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Use cn-severance-calculator to estimate my mainland-China severance scenario and calculation from [employment dates and 12-month average wage], [termination circumstances], and [workplace city plus any agreement or protected-period details]; respond in Simplified Chinese and do not advise me to sign.
Required inputs
[employment dates and 12-month average wage]
[termination circumstances]
[workplace city plus any agreement or protected-period details]
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SKILL.md
name: cn-severance-calculatordescription: "Estimate economic compensation (经济补偿金) when employment ends in mainland China: N, N+1 or 2N under the Labour Contract Law, with the high-earner cap, the part-year rule and the questions that decide which case applies. Use when asked 我被裁员了能拿多少补偿, N+1 怎么算, 经济补偿金计算, 违法解除 2N, or how much severance am I owed in China. Produces the scenario that likely applies and why, the calculation shown step by step, what to check before signing anything, and where to get it confirmed. Not legal advice."version: 1.0.0
China Severance Calculator (经济补偿金)
When a job ends in mainland China, the amount owed depends on how it ended, how long the person worked, what they earned, and the city. People often accept less than they are owed because they do not know which case applies or how the cap works. This skill works out the likely case, shows the calculation, and lists what to check before signing a termination agreement.
Write the output in Simplified Chinese unless asked otherwise. For decoding a severance agreement outside China, see severance-agreement-decoder.
What This Skill Produces
The likely scenario: N, N+1 or 2N, with the article and the facts it depends on
The calculation, step by step: years counted, monthly base, cap check, total
A before-you-sign list: what else may be owed (unused leave, unpaid wages, bonus, social insurance)
Where to confirm: the local labour arbitration commission or a labour lawyer
Required Inputs
Ask for these if not provided:
Start date and last day of service
Average monthly wage over the last 12 months, before tax, including regular bonuses and allowances
How the employment is ending: who proposed it, the reason given, whether 30 days' written notice was given
City of the workplace, and its published average monthly wage if the person earns a lot
Any agreement they have been asked to sign
Framework: Which Case Applies
How it ended
Usually
Article
Employer proposes, both agree to end
N
36, 46
Employer ends it for incapacity or a major change of circumstances (Art. 40), with 30 days' notice
N
40, 46
As above, without 30 days' notice
N + 1
40
Economic layoff (Art. 41)
N
41, 46
Fixed-term contract not renewed by the employer, or renewed on worse terms the employee refuses
N
46
Employee resigns because the employer failed its duties (unpaid wages, no social insurance)
N
38, 46
Unlawful termination by the employer
2N
48, 87
Employee resigns for personal reasons
Usually nothing
Calculation (Art. 47):
Years: one month's wage per full year. A part year of six months or more counts as one year; less than six months counts as half.
Monthly base: the average monthly wage over the 12 months before the end.
Cap: if the average exceeds three times the city's published average monthly wage, the base is three times that figure and years are capped at 12.
The +1: one month's wage in lieu of notice. Which month's wage is used varies by locality.
Flags to raise:
Service before 1 January 2008 may be calculated differently.
Pregnancy, maternity, occupational illness, medical treatment periods and some long-service cases restrict termination; if any apply, the termination itself may be unlawful.
Compensation is separate from unpaid wages, unused annual leave pay and bonus already earned.