On the issue of being fired for signing a contract, how to compensate for being fired for signing a

For unjustified dismissal, the employee shall be compensated for 1 month's salary, 1 year of service = 1 month's salary + 1 month's salary, 2 years = 1 month's salary + 2 months' salary, and so on, and those who have less than one year will be compensated with 1 month's salary.

Beijing Arbitration Commission or Labor and Social Security Bureau, complaint.

If the contract states that "Party B is not competent for the job, and after training or adjustment, it is still incompetent for the job", Party B can terminate the contract.

Don't pay attention to it, even if you go to complain, the labor insurance bureau or arbitration, it will investigate, your company boss will pay more RMB than compensate you, and generally large companies will fire employees and will not care how much money they lose, because if someone with a contract sues, the company will not end well.

Companies that don't pay employees' compensation can only be said to be ignorant, because such companies don't know what happens if they are complained. If you go to complain and the arbitration investigates, your boss has to entrust the relationship, find someone to do something, treat you to dinner, and stuff money into the arbitration, and spend more than compensating you hahaha.

If you are expelled from the specific issue, you can go to arbitration, and you can ask for severance payment of one month's salary. If one month's notice is not given, one month's salary in lieu of notice may be requested. Overtime pay can be requested.

You can go to the labor bureau of the district where the company is located for arbitration.

1. According to what you said, the behavior of the unit is an act of terminating the contract without reason, and you need to pay double economic compensation.

In addition, the unit also needs to make up the overtime pay.

2. It is recommended to apply to the labor arbitration commission under the local labor bureau for arbitration (this item will be free of charge from May this year).

It is illegal for an employer to dismiss an employee without complying with the terms of the contract. This is certainly not reasonable. You can sue the employer in the local court for damages.

A lot of experts are eager to answer.

Sure enough, it is a matter of people's livelihood

Legal analysis: According to Article 46 of the Labor Contract Law, if an employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, that is, if the labor contract is terminated through negotiation or statutory termination, or if the employee is incompetent for the job or the company has operational difficulties and needs to lay off employees, it shall pay economic compensation to the employee. Article 47 stipulates that severance shall be paid to the worker at the rate of one month's salary for each full year of service in the employer.

If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) failure to pay labor remuneration in full and in a timely manner, (3) failure to pay social insurance premiums for the employee in accordance with the law, (4) violation of laws and regulations by the rules and regulations of the employer, harming the rights and interests of the laborer, (5) invalidity of the labor contract due to the circumstances specified in Paragraph 1 of Article 26 of this Law, (6) law, Other circumstances under which an employee may terminate a labor contract as provided by administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract under any of the following circumstances: (1) the worker is proved to be ineligible for employment during the probationary period, (2) seriously violates the rules and regulations of the employer, (3) seriously derelicts his duties, engages in malpractice for personal gain, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request (5) Where the labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, (6) criminal liability is pursued in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the worker 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 the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer, (2) the worker is not competent 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.

Legal analysis: Illegal dismissal can require the company to pay compensation for illegal termination of labor relations, and collect evidence of dismissal. You can go to labor arbitration.

Legal basis: Labor Contract Law of the People's Republic of China Article 48 Only when the enterprise has illegally terminated the labor contract can the employee require the enterprise to continue to perform the labor contract and pay the loss of wages caused by the illegal termination.

When an employee is dismissed, an agreement is required. The dismissal of an employee is a statement that the employer unilaterally terminates the labor contract. When leaving the company, the employee needs to sign the "Agreement on Termination of Labor Contract" or dismissal letter with the employer.

In addition, the employer also needs to provide the employee with a certificate of termination of the employment relationship. As for the question of whether an agreement is required to terminate an employee, I will answer it for you in detail below.

1. Do I need to sign an agreement to dismiss an employee?

1. Employees are dismissed and need to sign an agreement. The dismissal of an employee is a unilateral termination of the labor contract by the employer. When leaving the company, the employee needs to sign the "Agreement on Termination of Labor Contract" with the unit or dismiss the sedan type.

In addition, the employer also needs to provide the employee with a certificate of termination of the employment relationship.

2. Legal basis:

Article 50 of the Labor Contract 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 15 days.

The worker shall 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.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 89 of the Labor Law of the People's Republic of China If 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.

2. Whether the company's dismissal can be arbitrated if it has signed an agreement

If a company dismisses an employee, it is necessary to sign an agreement, but if a labor dispute arises, the employee can apply for labor arbitration to resolve the dispute.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 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.;

As for the scope of defendants in shareholder representative actions, I will answer them in detail below.

Legal analysis: If the employee is dismissed without signing a contract, the employee can negotiate a settlement; If the negotiation fails, apply to the local arbitration institution for arbitration or file a lawsuit with the local people's court. If an employment contract is not signed, the employee may request the employer to pay twice the monthly salary.

Legal basis: Article 10 of the Labor Contract Law of the People's Republic of China.

To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been established at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82 of the Labor Contract Law of the People's Republic of China.

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. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

If the employer is dismissed by the employer in accordance with the law after signing the labor contract, the employer does not need to compensate after paying the salary; However, if they are dismissed in violation of the law, they shall pay compensation at twice the rate of economic compensation. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been pursued for criminal responsibility in accordance with law; Other.

Article 39 of the Labor Contract Law of the People's Republic of China provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.