Severance pay shall be paid to the employee according to the number of years the employee has worked for the employer at the rate of one month's salary for each full year worked. For a period of six months or more but less than one year, it shall be calculated as one full year; for a period of less than six months, the employee shall be paid half a month's salary as severance pay.

If the monthly salary of an employee exceeds three times the average monthly salary of employees in the region announced by the municipal or city-level people's government, the standard for paying severance pay shall be three times the average monthly salary, and the maximum number of years for paying severance pay shall not exceed twelve years.

The monthly salary referred to in this Article means the average salary of the employee in the twelve months prior to the dissolution or termination of the labor contract.

经济补偿按劳动者在本单位工作的年限，每满一年支付一个月工资的标准向劳动者支付。六个月以上不满一年的，按一年计算；不满六个月的，向劳动者支付半个月工资的经济补偿。

劳动者月工资高于用人单位所在直辖市、设区的市级人民政府公布的本地区上年度职工月平均工资三倍的，向其支付经济补偿的标准按职工月平均工资三倍的数额支付，向其支付经济补偿的年限最高不超过十二年。

本条所称月工资是指劳动者在劳动合同解除或者终止前十二个月的平均工资。