If the company wants to dismiss me and sign a 5 year labor contract, what is the maximum compensatio

Updated on society 2024-02-26
5 answers
  1. Anonymous users2024-02-06

    If the employment contract has not expired and you have not committed any wrongdoing, the company's termination is an illegal termination of the employment contract.

    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.

    IndemnityThe compensation is based on the number of years you have worked for the company, and you will be paid two months' wages for each full year, one year for more than six months but less than one year, and six months for less than six months.

  2. Anonymous users2024-02-05

    Summary. Hello, I am glad to answer for you: the company signed a 5-year contract, 2 years on dismissal, how to compensate the company for the dismissal of employees need to comply with the relevant labor laws and regulations, if the company violates the relevant laws and regulations, then employees can protect their rights and interests through legal means.

    Specifically, employees can take the following actions:1View Contracts:

    First of all, it is necessary to check whether there are any clauses related to termination in the signed contract, and if so, you need to read them carefully, understand your rights and obligations, and negotiate with the company on the specific methods and conditions of termination. 2.Seeking legal assistance:

    If the company violates labor laws and regulations, employees can protect their legitimate rights and interests through legal channels such as the labor inspection department or the labor arbitration commission. 3.Negotiate a termination agreement:

    Usually, the employee and the company can negotiate a termination agreement and stipulate specific contents such as compensation in the agreement. It should be noted that before signing the termination agreement, the employee should clarify his rights and obligations, and ensure that the agreement is fair and reasonable.

    The company signed a 5-year contract and was dismissed after 2 years, how to compensate.

    Hello, I am glad to answer for you: the company signed a 5-year contract, 2 years on dismissal, how to compensate the company for the dismissal of employees need to comply with the relevant labor laws and regulations, if the company violates the relevant laws and regulations, then employees can protect their rights and interests through legal means. Specifically, employees who are aware of the chaos can take the following actions:

    1.Check the contract: First of all, check whether there are any terms related to the termination of the contract in the signed contract, if so, you need to read it carefully, understand your rights and obligations, and negotiate with the company about the specific ways and conditions of the termination of the contract.

    2.Seek legal assistance: If the company violates labor laws and regulations, employees can protect their legitimate rights and interests through legal means such as the labor inspection department or the labor arbitration commission.

    3.Negotiate a termination agreement: Usually, the employee and the company can negotiate a termination agreement and stipulate specific content such as compensation in the agreement.

    It should be noted that before signing the termination agreement, the employee should clarify his rights and obligations, and ensure that the agreement is fair and reasonable.

    Extended Supplements:1According to the Labor Contract Law, the employment period specified by the company expires, and the employer and the employee can renew the employment contract if they reach an agreement through negotiation.

    If the employer does not negotiate with the employee to renew the contract or does not notify the employee after the expiration date, it will be regarded as an indefinite term employment contract. 2.If the company does not fulfill the relevant terms and provisions of the contract when terminating the contract, the employee can request the company to compensate for the corresponding economic losses according to the contract, and at the same time complain and report to the relevant departments in a timely manner.

    In the trouser agreement, the standard and amount of compensation need to be determined, and the company is required to develop a specific compensation plan. At the same time, employees should understand the nature and legal effect of the agreement to ensure that their rights and interests are protected. <>

  3. Anonymous users2024-02-04

    Although the employee and the employer have not signed an employment contract, the two parties have formed a de facto employment relationship. According to the law, if the two parties do not sign a written labor contract, the employer is required to pay severance to the employee in accordance with the law when the employer terminates or dissolves the labor relationship. Specifically, we will introduce you to the details of dismissal without signing a labor contract.

    According to the law, if the two parties do not sign a written labor contract, the employer shall pay severance to the employee in accordance with the law when terminating or dissolving the employment relationship, and if the severance is not paid in accordance with the law, it shall also need to pay additional severance payment. However, if an employment contract is signed, the employer and the employee are not required to pay any severance when the employment contract is terminated when the employment contract expires. If the employer deliberately delays the conclusion of the labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, medical treatment and other benefits, the employee shall be liable for compensation in accordance with the law, and shall also pay an additional compensation fee of 25%.

    The labor administrative department may also order the employer to pay compensation, impose administrative penalties, and so on. If the employer does not sign a labor contract, the employee may file a complaint with the labor inspection department, and once it is verified, the labor administrative department may order the employer to make corrections and may impose a fine. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    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 employee shall be paid 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. In judicial practice, the handling and determination of relevant circumstances should be handled in strict accordance with the provisions of the law, and if the employer refuses to compensate, then the employee can apply to the labor arbitration department for labor arbitration to claim compensation, and the specific situation depends on the actual situation.

  4. Anonymous users2024-02-03

    Summary. Hello dear, according to your question as follows, severance payment. If an enterprise dismisses an employee in violation of the law, it shall pay compensation to the employee at twice the standard of economic compensation.

    Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employer shall notify the employee in writing 30 days in advance of the termination of the labor relationship. Therefore, if the company has illegal dismissal, and there is no 30 days' notice, the employee can also claim 1 month's salary from the company, I hope my help to you, thank you, after 5 and a half years, the company is dismissed, there is a contract, how much compensation to give.

    Hello, dear, I am the workplace respondent "less" has many years of experience, and is familiar with various laws and regulations, your Xinchang this question is burning Tan congratulatory question I come, typing takes some time Pipai, I will provide you with a detailed answer within five minutes, will not not reply to you, please wait, pro, hello, pro, according to your question as follows, economic compensation. If an enterprise dismisses an employee in violation of the law, it shall pay compensation to the employee at twice the standard of economic compensation. Legal basis:

    Article 37 When an employer terminates a labor relationship with an employee, it shall notify the employee in writing 30 days in advance. Therefore, if the company has illegal dismissal and there is no 30 days' notice, the employee can also claim 1 month's salary to the company

  5. Anonymous users2024-02-02

    The company has been signing the contract for 3 years, and the dismissal of the company should be resolved according to the situation. If the employer proposes not to renew the visa, it shall pay the employee severance and pay one month's salary for one year of service; If an employee requests to renew an indefinite-term labor contract under Article 14 of the Labor Contract Law, the employer refuses to renew the contract illegally, and the employer shall pay the employee compensation and pay two months' wages for one year of service.

    Article 48 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, 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. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

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