Remedies for the Employer s Illegal Termination of the Labor Contract 20

Ask the labour inspectorate to make corrections.

The labor arbitration commission shall be requested to arbitrate and restore the labor relationship.

Litigation after arbitration.

1. Submit an application for arbitration to the labor arbitration department where the unit is located.

2. If you are not satisfied with the arbitration result, you should file a lawsuit with the basic court where the unit is located within 15 days.

If an employer terminates a labor contract in violation of the law, it shall pay the employee compensation at twice the standard of economic compensation. The standard of economic compensation is as follows: the worker shall be paid one month's salary for each full year of work in the employer.

If it exceeds half a year but is less than one year, it will be counted as one year; Half a month's salary is paid for less than half a year. Up to 12 months' salary. The monthly salary is:

The monthly average of my salary for the most recent year. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the number of years of service in the employer 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 the search 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.

Article 87 of the Labor Contract Law, Legal Liability for Breach of Dissolution or Termination of Labor Contract: If an employer dissolves or terminates a labor contract in violation 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.

1. The employer has no legal facts and reasons to directly accompany the party to terminate the labor contract. The employee may demand double the severance or continue to perform the employment contract.

2. 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.

3. It is not that the employer can terminate the labor contract at will after paying double the severance payment, and the employee has the right to choose whether to continue to perform or pay double the severance payment.

4. Article 87 of the Labor Contract Law 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.

5. Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the number of years of service in the employer 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" as used in this article refers to the average wage of an employee in the 12 months prior to the termination or termination of the labor contract.

1. What are the detailed provisions of the Law on Illegal Termination of Labor Contracts?

The law clearly stipulates that the labor contract shall not be terminated, but the employer shall forcibly terminate it.

According to Article 42 of the Labor Contract Law, the employer shall not terminate the labor contract in accordance with Articles 40 and 41 of this Law if the employee falls under any of the following circumstances:

1. Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work;

3. Sick or non-work-related injury, within the prescribed medical treatment period;

4. Female employees are pregnant, giving birth, or breastfeeding;

5. Have worked in the unit for 15 consecutive years and are less than 5 years away from the statutory retirement age;

6. Other circumstances stipulated by laws and administrative regulations.