I signed an indefinite contract with the company in 2009 and am now being fired, is there any compen

Hello, to the problem you described, the lawyer replied as follows:

First of all, you need to confirm the facts of the employment relationship with the employer, such as pay stubs, attendance records, and documents in the course of work.

Second, after the labor relationship is confirmed, the employer can be required to pay back social insurance and wages.

Third, the employer shall notify the employee one month in advance when terminating the labor contract, otherwise it shall pay one month's severance as a payment in lieu of payment.

Fourth, if a written labor contract is not signed to pay double wages, a written labor contract shall be signed within one month from the date of employment.

Fifth, if an employer illegally terminates a labor contract, it may claim economic compensation, which is twice the amount of economic compensation.

Sixth, if the negotiation fails, bring the relevant materials to the labor inspection department to complain, or directly to the labor arbitration commission where the unit is located to file labor arbitration. Blessing!

The lawyer replied: If the employer is illegally terminated, you can ask for double the compensation, according to the compensation of one month's salary for each full year.

Whether you are dismissed at fault or dismissed without fault, the company will compensate you if you are dismissed without fault. The specific compensation is different for everyone.

If the employee is not at fault for serious violations of labor laws, the employer should of course compensate him.

The compensation standard for dismissal by the company under an indefinite contract is as follows:

1. The compensation standard for dismissal under an indefinite contract is generally paid according to the standard of one month's salary for each year of work;

One month's salary for more than one month;

3. Half a month's salary for less than 6 months of payment, but there is a forced dismissal, double compensation can be paid.

The difference between an indefinite-term employment contract and a fixed-term employment contract:

1. The labor contract does not stipulate the duration of the contract, which is a distinctive feature of the indefinite-term labor contract that distinguishes it from the fixed-term labor contract;

2. Unless there is a statutory or agreed termination of the contract, the contract will not be terminated until the employee retires, so the indefinite term labor contract has strong stability. The employment contract may exist within the legal working age of the employee and the duration of the existence of the enterprise, and the employment contract will only be terminated if the special circumstances stipulated by laws and regulations are met.

Legal basisArticle 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 30 and Article 8 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Legal analysis: if it is because the employee has seriously violated the rules and regulations of the employer; If the employee is dismissed for fault such as being investigated for criminal liability, no compensation is required. If the employee is dismissed under the circumstances of Article 46 of the Labor Contract Law of the People's Republic of China, the compensation shall be based on the number of years of service of the employee in the unit, and one month's salary shall be paid after one year of service, and if it is less than one year and six months, it shall be calculated as one year; Half a month's salary for less than six months.

If it is illegal dismissal, double compensation shall be made according to the above standards.

Legal basis: Article 47 of the Labor Law of the People's Republic of China Economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of 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 announced by the people 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 paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

When the labor contract expires, if the company does not renew it, the employee generally does not have compensation, but there is economic compensation, and the employee will be compensated with one month's salary for each full year according to the employee's working years in the company; However, if the employee takes the initiative not to renew the contract or the company refuses to raise or maintain the terms and conditions of the labor contract, there is no economic compensation.

Article 4 of the Labor Contract Law of the People's Republic of China Article 18 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Whether you can claim compensation depends on whether the indefinite contract between you and the company has a corresponding explanation for the dismissal, and the indefinite contract is valid only if the terms of the indefinite contract comply with the provisions of the labor law. Therefore, it is recommended that you check the treaty first to see if it is eligible to apply for compensation. Based on my years of experience, most of the time, when a company dismisses an employee under abnormal circumstances, it is necessary to pay compensation.

1.How do I apply for compensation?

First of all, you need to check the relevant regulations to see if the company's actions violate the relevant regulations, and if so, you can apply to the company for compensation. Note that this compensation is calculated according to a standard, not as much as you want. At the same time, an application should be made to the company concerned, and if the company does not agree, the company should organize the evidence and apply to the labor bureau where the company is located for labor arbitration.

Generally speaking, most companies will not give it, and in the end, the employee will have to apply for labor arbitration. At this time, you can choose to seek the help of a lawyer, because for the lawyer, the labor arbitration case is to brush the winning rate, and for the employee, it is also worry-free, just to spend some money.

2.What is an indefinite contract?

The full name of an indefinite contract is an indefinite term employment contract. That is, the employer and the employee do not agree on the termination time of the labor contract, and most people now sign this kind of contract with the employer. Note that signing an indefinite-term labor contract does not mean that the company can dismiss you at will, in this regard, many people think that after signing an indefinite-term labor contract, the company can dismiss themselves at will, which is unreasonable, and the company can only dismiss you under the conditions permitted by law, otherwise you can apply for reasonable compensation.

In general, whether you can apply for compensation depends on whether the company's reasons for dismissing you comply with relevant laws and regulations, and if so, you cannot apply for compensation; If not, you can claim compensation. Specifically, you have to find out for yourself, because you didn't explain here that the company fired you because of the lack of necessary factors, I can't make a judgment, sorry.

After the employee and the company have signed a labor contract, the company has no right to dismiss the employee, but if the employee seriously violates the company's regulations during the period of work, the employee can also be dismissed.

Of course, you can apply for compensation, as long as you have not violated the labor law and the company's regulations, and the company unilaterally terminated the contract, then you can apply for compensation.

Of course, it is possible to apply for compensation, in this case, you only need to go to the labor bureau to apply for labor arbitration.

Of course, it is possible to claim compensation in such cases, and the only way to ask the labor bureau to request labor arbitration is to do so.

Of course, it is possible to claim compensation only if the contract is terminated separately without violating labor laws and regulations, then it may be required to claim compensation.

Legal Analysis: 1. If an employer terminates the labor relationship with an employee, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and economic compensation shall be paid, i.e., two months' wages for every year of service.

2. If an employer terminates the labor relationship with an employee in accordance with the circumstances specified in Article 19 of the Regulations for the Implementation of the Labor Contract Law, it shall pay severance and one month's salary for one year of service in accordance with Article 46 of the Labor Contract Law, and if it complies with Article 40 of the Labor Contract Law and fails to notify the employee one month in advance, it shall also pay an additional month's salary as notice in lieu of notice.

3. If the employer proposes to terminate the labor relationship under the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or give advance notice, and the employer is required to provide evidence and notify the employee in writing to terminate the labor relationship.

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year.

1. First of all, it is not possible to write a letter of resignation, because the letter of resignation indicates that the employee himself requests to terminate the labor contract, and according to the provisions of Articles 46 and 38 of the Labor Contract Law, the employee cannot obtain economic compensation in this case.

2. An indefinite term labor contract only means that the employer cannot terminate the labor contract on the grounds that the term of the labor contract has expired. It is still possible for the company to terminate the labor contract, but there are restrictions, namely the provisions of Article 39 and Article 40 of the Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Therefore, according to your description, the employer has no statutory reason to fire you. If the employer insists that you have violated rules and regulations, etc., he must also provide evidence to prove it.

3. If the employer forcibly terminates the labor contract, you can apply to the local labor dispute arbitration department for arbitration. According to Article 48 of the Labor Contract Law, "if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

You can ask the employer to continue to perform the contract, or you can ask him to pay compensation.

4. Calculation of economic compensation: If you ask him to pay compensation, according to the provisions of Articles 87 and 47 of the above law, the compensation amount of the employer is: monthly salary * 14 * 2, that is, your 28 months' salary.

5. According to my experience, usually when you go to the labor dispute tribunal, the employer is very dragging and asks you to sue casually, and wants to mediate with you after going to the arbitration tribunal.

The company can't fire you unless you don't want to. If you go, you will be compensated for at least 14 months*2. It's okay, if he forces you, you go to the labor department for help. The labor contract is protected by law, and the employer cannot be forced to dismiss it.