I will not issue a notice of dismissal if the company dismisses me. Can I apply for arbitration if t

1. The company does not issue a notice of dismissal. Where there is an oral recording by the general manager, an application for labor arbitration may be made.

2. Article 2 of the Labor Arbitration Law This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

OK. You can claim severance after you have been dismissed, depending on the circumstances.

If the employer terminates the employment relationship with you (or dismisses or dismisses you) in the following three situations, which of the circumstances should be paid to you but is not paid to you, you can apply for labor arbitration within one year to protect your legitimate rights and interests

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you 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 you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, you should also pay 1 month's salary in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

Yes, audio materials can be used as evidence.

Hello: You can apply for arbitration.

1. You can file a complaint with the labor administrative department. If damage is caused, the company can be held liable for damages.

2. If the company dismisses in violation of the law and violates the labor contract law, it can claim to pay compensation.

According to the "Labor Contract Law of the People's Republic of China", the provisions are as follows:

1. 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.

2. Article 89 Where an employer violates the provisions of this Law and fails to issue a written certificate of dissolution or termination of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

There are audio recordings of verbal dismissals that can be used as evidence. According to the relevant laws and regulations, as a kind of audio-visual materials, audio recordings can be used as valid evidence as long as they do not infringe upon the legitimate rights and interests of others and do not violate the prohibitions of the law. Disputes involving labor remuneration can also be applied for arbitration, and the parties applying for arbitration must collect, fill in and submit the application form to the Labor Arbitration Department within 60 days from the date of occurrence of the labor dispute.

The petition should be filled out with a pen in duplicate and should state the time, facts and reasons for the dispute.

Retain evidence and apply for labor arbitration to protect rights, and the burden of proof for the termination of labor relations shall be borne by the unit. Labor contract, also known as labor contract, labor agreement. The labor contract is the basic legal form for adjusting the labor relationship, and it is also the basic premise for establishing the labor relationship between the employee and the employer, and occupies a core position in the labor law.

Evidence refers to the basis for determining the facts of a case in accordance with the procedural rules. Evidence is of great significance for the parties to carry out litigation activities, protect their legitimate rights and interests, and for the court to ascertain the facts of the case and make correct judgments in accordance with the law. The issue of evidence is the core issue of litigation, and in the trial process of any case, it is necessary to reproduce and restore the original face of the incident through evidence and the chain of evidence formed by evidence, so that a judgment made on the basis of sufficient evidence can be a fair judgment.

Legal basisLabor Contract Law of the People's Republic of China

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 harm 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.

Legal analysis: You can retain the relevant evidence of the company's dismissal of you; You should also consider whether you are at fault during your work, and if you are dismissed without fault, you can file a labor arbitration claim for financial compensation.

Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within five days. The worker shall send Huidang to handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.