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If the employee is dismissed by the employer for serious violation of the employer's violation system, the employer is not required to compensate the employee, but the employer bears the burden of proof. According to Article 39 of the Labor Contract Law of the People's Republic of China, an employer may terminate a labor contract if an employee falls under any of the following circumstances:
1. During the probationary period, it is proved that they do not meet the employment conditions;
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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;
5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6. Being pursued for criminal responsibility in accordance with law.
If the employee is not dismissed by the employer for serious violation of the employer's violation system, it can be seen from the provisions of the Labor Contract Law of the People's Republic of China that the employer shall pay the employee twice the standard of economic compensation if the employer illegally terminates the labor contract.
According to Article 48 of the Labor Contract Law of the People's Republic of China, 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.
Article 87 stipulates that if 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 stipulated in Article 47 of this Law.
Article 47 stipulates that economic compensation shall be paid to the worker according to the number of years he has worked in the unit 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.
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If there is no compensation or compensation for a crime that is criminally punished, or if a violation (such as leaking trade secrets) infringes on the interests of the company, if there is no such thing, you can apply to the labor arbitration department for labor arbitration, and then file a lawsuit with the court if you are not satisfied with the arbitration. However, you must prove that you are an employee of the company, have a pay card or pay slip or work permit or someone to prove it, etc.
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Whether there is compensation depends on the reason for dismissal, and if it is a circumstance that can be compensated or compensated as prescribed by law, the relevant compensation or compensation can be obtained in accordance with the law.
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If you are dismissed after six years in the company, if it is made in accordance with Article 39 of the Labor Contract Law, it is in accordance with the law, there is no impropriety, and there is no need to pay economic compensation.
However, if the dismissal is without cause, it is suspected of illegally terminating the labor contract, and it shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.
That is, you can get 12 months' salary for 6 years of service.
It is a labor dispute and can be resolved by applying for labor arbitration.
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According to the Labor Contract Law, if you are dismissed by the company, the company shall pay severance compensation.
The amount of severance is the amount of severance paid in the amount of one month's salary for each year of service.
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You have been in the company for 6 years, and you are not wrong and you were fired by the company. The company should indeed give you a certain amount of compensation, and the compensation should be compensated in accordance with the provisions of the contract, and also give you a certain amount of compensation. If the company has paid you unemployment insurance, and you are eligible for unemployment benefits.
You can also go and get unemployment benefits.
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In general, it is 2n+1, which is 13 months' salary.
The first n is compensation;
the second n is liquidated damages;
The last 1 refers to one month's notice - under normal circumstances, employers require employees to leave their jobs as soon as possible, and use one month's salary instead of "one month's notice".
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If the company has not violated any regulations, and the contract has not expired, and the company has no reason to retire, it can be compensated for six months according to the average amount of one year and one month, if the company does not compensate, it can appeal to labor arbitration by the professional institution for ruling.
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Hello answer, I have seen your question, and I am sorting out the answer, please wait a minute, hello, if you are dismissed by the company, if you meet the conditions of no-fault dismissal, you will get economic compensation based on monthly salary, that is, for every full year of work in the company, you can get one month's salary compensation; 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, it can be compensated with half a month's salary. Legal basis:
Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 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.
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If you are dismissed without violating the company's rules and regulations, you will be compensated with one month's salary according to the minimum one-year service period stipulated in the Labor Contract Law, which can also be higher.
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You can go to the labor arbitration department and let them understand the reasons and details of the dismissal, and then make specific compensation details.
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According to the provisions of the labor law, one month's average salary is compensated for one year, and six months' average salary is compensated for six years.
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How much compensation can I get if I am fired by the company?
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Answer: Article 37 of the Labor Contract Law stipulates that an employee 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.
If the employee falls under any of the above circumstances, the employer has the right to terminate the labor contract at any time without giving the employee economic compensation.
In the above three circumstances of termination of the labor contract, the employer shall notify the employee in writing 30 days in advance, and shall pay the employee economic compensation according to the length of service with the employer.
If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as 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 economic compensation to be paid to him shall be three times the average monthly wage of the employee.
It is illegal to dismiss without cause! Compensation is required! The employee shall be paid one month's salary for each full year of service in the employer. where it is more than six months but less than one year, it is calculated as one year;
You must defend your rights, dear, you look at the above method, and ask me if you don't understand!
Promote social justice, highlight legal values, maintain personal dignity, I am very happy to serve you, if you have any questions, come to the platform for consultation I wish you all the best! Have fun!
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If an employee is dismissed by the employer without cause, the employee can claim financial compensation, and the compensation standard is one month's salary for one year of service, half a month's salary for less than half a year, and one month's salary for more than six months and less than one year. You should be compensated for 7 months of wages if you have worked for 7 years.
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If the company voluntarily terminates the contract, it shall pay economic compensation in accordance with the Labor Contract Law, and the payment standard is one month's salary for one year's service, half a month's compensation for less than six months, and one month's compensation for more than six months and less than one year.
According to the landlord, the company should compensate for seven months' salary, and the standard is the average salary of the previous 12 months.
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The general compensation is only one month's salary per year, and according to you, if you have worked for seven years, that should be at least seven months' salary.
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You have been in the company for seven years, and now you have been dismissed without cause, which has infringed on your legitimate rights and interests.
He was dismissed without cause and was suspected of illegally terminating the labor contract.
You have the right to follow Article 48 of the Labor Contract Law, which states that "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 the labor contract; 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", either requiring the company to continue to perform the labor contract or requiring the company to pay twice the compensation. That is, seven years of service, fourteen months' salary compensation.
It is a labor dispute and can be resolved by applying for labor arbitration.
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According to the provisions of the Labor Contract Law, one month's salary shall be paid for each year of work, and if it is less than one year but more than half a year, it shall be counted as one month. Less than half a year is counted as half a month. The dismissed employee shall give one month's notice to the dismissed employee, otherwise one month's salary will be paid.
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What is dismissal without cause, seven years is basically a long-term contract, whether you sign a contract or not is until retirement, the company has no reason to fire you, you have to insist on going to work, and go to the labor bureau to sue them to continue to perform the contract, and keep the evidence of your work.
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After seven years in the company, he has now been dismissed, and the company has no compensation. Because now it's all individuals, businesses, and there are no state enterprises. So if you want to have a monk, he can compensate. It is not illegal to dismiss without saying dismissal.
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The specific situation is not clear, it is difficult to say, under normal circumstances, it is a salary compensation of one month a year, and it depends on the breach of contract or fault liability of both parties.
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According to the provisions of the labor law, if you have been in the company for 7 years and are now dismissed without cause, then the company should give you 7 months' salary compensation, and you can apply for labor arbitration.
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If you have been dismissed by the company without cause for seven years, according to the labor law, the company has the right to dismiss, but he must make compensation in accordance with the labor law.
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Even after seven years in the company, Hyundai Innocent was fired. If the company is right, if the company is more for you, if the company is more for you, it is not bad. If the company is not bad for you. A maximum of three months' wages will be paid.
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The company needs to pay one month's salary, and the company needs to compensate, and you pay one month's employee for each full year. Less than one year and half a year. Calculated on a one-year basis. If it is less than half a year, it will be calculated as half a year.
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First of all, it is necessary to get a certificate of termination of the contract, which is specific for what are the reasons for termination, and if it is terminated without reason, it is necessary to pay economic compensation, 1 year and two months' salary.
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After seven years with the company and now that you have been fired, the company will compensate you for seven months of your salary before you left the company. And you can. Go and get your unemployment benefits.
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If the dismissal without fault is illegal dismissal, according to the provisions of the labor law, the standard salary of two months of compensation for one year of service, that is, n+2, if the two parties agree that the standard of resignation compensation is n+1, that is, the standard salary of one month of compensation for one year of service.
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If the company dismisses an employee without cause, it is required to compensate the employee for one month's salary according to the provisions of the labor law. or in accordance with the provisions of the contract.
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If the dismissal without cause is carried out, the company shall implement it in accordance with the provisions of the Labor Contract Law, and shall pay 7 months' wages after 7 years.
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I don't think it's easy to say that the specific situation is not clear, but under normal circumstances, it is a daily wage compensation per year, and it also depends on the situation of the breach of contract or fault liability of both parties.
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If not, you can go to the labor bureau to complain to the company and use the law to protect yourself.
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Hello answer, I have seen your question, and I am sorting out the answer, please wait a minute, hello, if you are dismissed by the company, if you meet the conditions of no-fault dismissal, you will get economic compensation based on monthly salary, that is, for every full year of work in the company, you can get one month's salary compensation; 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, it can be compensated with half a month's salary. Legal basis:
Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with the provisions of Article 38 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.
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After 6 years of hard work in the company and being dismissed, if the company just wants you to leave immediately and does not want to compensate, you should take a look at this legal knowledge.
Many companies will take the initiative to say that you are not suitable for the development of the company on the grounds that the contract between the two parties expires, and will not renew the labor contract with you, and you can leave after the contract expires.
Many friends who don't know will really leave and leave without compensation.
If you do, you're going to be very wrong.
1. If the employer does not renew the contract, it needs to be compensatedWhen the contract expires and the employer offers not to renew the contract with you, you have the right to request the employer to compensate you.
Instead of the employer telling you that the contract expires, you just leave stupidly.
Of course, many units will not take the initiative to compensate you, and often you need to go through labor arbitration before you can get compensation, which is a later story.
The premise is that you need to know that the employer needs to compensate you if it does not renew the employment contract.
In this way, when you defend your rights in the future, you will collect the corresponding evidence in advance.
2 What is the standard of compensation? The compensation standards are as follows:
1 month's salary will be paid for 1 year of work, half a month will be paid for less than 6 months, and 1 year will be calculated as 1 year for more than 6 months and less than 1 year.
If you have worked for 6 years, you will need to be paid an extra 6 months' salary.
6 months' salary is also a lot of money, don't give up this one that belongs to you.
3 What if it is an indefinite contract?
If you have signed an indefinite contract, you need it for every 1 year of employmentbranchesPay for 2 monthsindemnity.
The above is the standard for the employer to compensate you if it takes the initiative not to renew the labor contract with you.
After knowing such legal knowledge, it will be difficult for the unit to let you leave without compensation.
Of course, if the labor contract you signed with the employer expires, the employer offers to renew it with you, if you don't want to renew it.
At this time, there must be no compensation for resignation.
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