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Hello, there are several situations in which you can sit in a controlled manner.
If the employer terminates the labor relationship with you (or dismisses or dismisses the employee) in the following three situations, if you should pay economic compensation or compensation but do not pay it, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests:
1. If the employer terminates the labor relationship with the employee without any reason and without paying any economic compensation, and the employee is not at fault and does not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior falls under the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary for each year of work, 2n;
2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay severance payment, i.e., one month's salary for each year of service. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, an additional 1 month's salary shall be paid in lieu of notice, n+1;
3. In the case of Article 39 of the Labor Contract Law, if the employer terminates the labor relationship with the employee, it does not need to pay any economic compensation and does not need to notify the employee in advance; However, this requires the employer to provide evidence and give written notice to terminate the employment relationship. Summary: If the company illegally terminates the labor contract, it shall pay double compensation.
The standard of compensation is paid according to the number of years of service, and one month's salary is paid after one year of service. Half a salary is paid for less than six months of service, and one month's salary is paid for less than six years of service. You can file a complaint with the local labor inspection brigade or apply for labor arbitration to protect your rights.
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According to the provisions of the Labor Contract Law of the People's Republic of China, in the event of statutory layoffs, the severance shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the company. 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 employee shall be paid half a month's salary as economic compensation. 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.
[Legal basis].Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer 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 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.
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In the event of a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, or the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation, the company shall notify the employee in writing 30 days in advance or pay an additional month's salary and pay economic compensation.
The severance is calculated according to the employee's years of service in the company. One month's salary is paid for each full year. More than 6 months but less than one year is calculated as one year; If it is less than 6 months, half a month's salary will be paid.
If the employee's monthly salary is three times higher than the average monthly salary of the employee in the previous year announced by the provincial people**, the standard of economic compensation shall be paid according to three times the average monthly salary of the employee, and the term shall not exceed 12 years.
Questions. I joined the company on March 17, and I was laid off due to company reasons, and I was only informed today that the compensation will be more than a week and six months.
If it is less than six months, it will only pay half of your salary.
Half a month's salary.
Questions. It's useless to sign a three-year labor contract.
No, because it's going to be based on the actual working time.
Questions. But he told me today that I would lay off it today, not a month in advance.
In this case, you can talk to them about adding some compensation, because it also takes time to find a job on your own.
Questions. I have five or six days off this month.
He's telling you when you're leaving?
Questions. She asked me if I had time today, I came home from work, and said to talk to me tomorrow.
After the talk, leave the job.
If your boss is a good talker, you can ask him to pay you all of your salary for the month because it is too late, and then you can get more money by getting financial compensation without prior notice.
1. In accordance with the provisions of Article 41 of the Labor Contract Law, the layoff of employees by the unit must go through strict democratic procedures and report to the labor department for approval, otherwise it is illegal to terminate the labor contract, and the compensation shall be paid to the employee in accordance with Article 87 of the Labor Contract Law, which shall be twice the economic compensation standard stipulated in Article 47 of this Law, and the salary shall be calculated as 6 months. In the case of approved redundancy, severance payments of 3 months' salary are payable. 2. The severance shall be calculated in accordance with the provisions of Article 47 of the Labor Contract Law and Article 27 of the Regulations for the Implementation of the Labor Contract Law, and the monthly salary shall be calculated according to the wages due to the employee, that is, the pre-tax wage. >>>More
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