I have been working in the restaurant for more than 5 years, and now I am closing, how should the co

If the unit is closed and dismissed, one month's salary shall be compensated for each year of service in the unit, and the average salary of the 12 months prior to resignation shall be used as the compensation standard.

Labor Contract Law

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people's government of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be three times the average monthly wage of the worker, and the maximum period of time for which severance shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

If a contract is not signed, it can be dealt with as a de facto labor relationship and in accordance with the Labor Law and the Labor Contract Law.

Pay 5 months' salary. If you do not pay social security, you should ask for supplementary payment, otherwise you will not have the 5 years of service.