What kind of compensation can a temporary worker who has worked in a public institution for 20 years

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to retaining employers. A written notice requesting you to hand over to someone, a handover checklist, these are all when your rights and interests are infringed. You have handled important evidence of the handover in accordance with the law.

If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. The timing of payment of wages at the time of termination of the employment contract (or employment relationship). For details, please refer to Article 9 of the Interim Provisions on Payment of Wages, on the time of payment of severance payments.

For details, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is the former.

It can be directly asserted that the latter needs to be ordered by the labor department. If you still don't pay, you can claim it.

My Space has the legal provisions mentioned above, which you can check out.

When I said that I was asked to pay the pension insurance and medical insurance for the past 21 years, or to compensate me with 10,000 yuan a year, they said that it might not work, and I really don't know how to ask them to compensate me, thank you.

Legal analysis: There are three situations in which an employer dismisses or terminates a labor contract: first, if the employee has the circumstances specified in Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation.

Legal basis: Article 46 of the Labor Contract Law shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee 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.

Article 48 of the Labor Contract Law 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.

Public institutions should not dismiss employees without cause, otherwise as long as a complaint is filed with the Commission for Discipline Inspection, the leader will be laid off.

There are several reasons why the original employer can unconditionally terminate the labor contract with the employee.

The first point is that when the employee reaches the retirement age, the employment contract will be terminated naturally.

The second point is that if the employee violates the rules and regulations of the employer or the laws and regulations, the employer unconditionally terminates the labor contract with the employee.

The third point is that if the employee is evaluated as unqualified in the assessment at work and is unable to adapt to the position after repeated job transfers, the labor contract can be terminated without compensation.

In light of the above points, you can see what kind of situation you are in.

No matter what job you do? Is there a file? Is there a contract?

These are all needed, but if it has been so long, then you can apply for labor arbitration, but I think you are also with someone in this unit, and if there is no one, you will not be allowed to work in this unit for such a long time.

If an employee has worked for the employer for 10 years, he is not considered a temporary worker, but a contract worker, and if the employee resigns voluntarily, the employer does not need to pay any economic compensation or compensation.

1. In the case of Article 38 of the Labor Contract Law, the employee may leave immediately after the written request to terminate the labor relationship, without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures;

2. If the employee does not submit his resignation 30 days in advance, and the employer does not have Article 38 of the Labor Contract Law, the employee directly submits the resignation letter and leaves, at this time, you are violating the law, and the employer can require the employee to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the laborer.

3. According to Article 37 of the Labor Contract Law, an employee who submits a written resignation 30 days in advance does not require the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer has the obligation to settle the salary and go through the resignation procedures.

Whether or not a temporary worker is compensated for dismissal depends on the situation

1. If the temporary employment contract is terminated, compensation shall also be paid if the statutory circumstances are met. Temporary workers are also contract workers protected by the labor law, and if the employer is at fault, the employer shall pay compensation equal to twice the severance payment.

2. If the probationary employee is legally at fault, the employer shall terminate the contract in accordance with the regulations without compensation; If the temporary worker causes losses to the employer, the employer may claim compensation for part of the losses.

3. If both the temporary worker and the employer want to terminate the labor contract, negotiate and agree on the termination of the labor contract, sign an agreement to terminate the labor contract, and agree to terminate the labor contract between the two parties, then there is no compensation.

Therefore, if a dismissed temporary worker is a dispatch worker or a direct recruit from his or her own unit, he or she must be paid severance unless it is proved that he or she does not meet the employment conditions during the probationary period. The specific payment standards shall refer to the provisions of the Labor Contract Law.

Legal basis

Labor Contract Law

Article 39.

The employer may terminate the labor contract if the employee 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 damage 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.

Article 87.

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 provided for in Article 47 of this Law.

If you have worked as a temporary worker in a public institution for ten years, but you are dismissed early, the other party also needs to compensate at this time. In ordinary life, everyone should also pay attention to these problems, and must make corresponding preparations in advance, so as to better protect their legitimate rights and interests.

How should I compensate for this?

Maybe everyone's ideas are different, but since you have been working in this company, then the other party must also need to provide you with some protection, although you are not a formal employee of this company, but everyone's legitimate rights and interests must also be maintained and protected accordingly. You have been a temporary worker in this public institution for 10 years, but you were dismissed in advance by this unscrupulous company, so the other party must compensate you for the corresponding amount, so in ordinary life, you must pay attention to signing a contract with this company, and you must pay attention to the content of the contract.

What should we do if we are hail?

There is no need to feel too nervous, because everyone's choice is different, so in life, everyone must also work hard to change themselves, and at this time we must also learn to improve ourselves. If you want your life to be better, then you must make yourself better. Therefore, everyone should also consider these issues, and at this time, they should also plan accordingly in advance, everyone will have their own choices, so there is no need to feel too worried.

Summary. You may feel unbelievable, but you should also be more concerned about yourself at this time. Many people want to be able to work in public institutions, so everyone should also engage in related work, everyone will feel that the salary of public institutions is very good, and also feel that this is a very decent job, so you can also prepare in advance, and you can also plan accordingly in advance, so that you can get this opportunity.

If you have been a temporary worker for 10 years, and you have not yet been admitted to the formal establishment, then you have nothing to say if you are eliminated.

If they are resigned in advance, they can find the leader to compensate according to the contract signed at that time, and if they are unwilling to compensate, they will go to the labor arbitration department to arbitrate.

The + should be followed to compensate for the employee's years of service in the monuments unit, and refer to one month of artificial, so that the compensation is suitable for labor law.

Compensation should be made according to N+1, where N is the employee's length of service in the institution, and 1 refers to one month's salary, so that the compensation is in line with the labor law.

Summary. Dear, the following is your question: What kind of compensation can be paid for the dismissal of temporary workers who have worked in public institutions for 20 years?

Article 48 of the Labor Contract Law stipulates 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. Article 87 of the Labor Contract Law stipulates that:

If an employer dissolves or terminates a labor contract in violation of the provisions of these Measures, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Dear, the following is your question: What kind of compensation can be paid for the dismissal of temporary workers who have worked in public institutions for 20 years? Article 48 of the Labor Contract Law stipulates 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 it; If the worker does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation for sales and transportation in accordance with the provisions of Article 87 of this Law. Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of these Measures, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.

To put it simply, the worker shall be compensated at twice the prescribed rate of economic compensation.

When the employer terminates the labor contract, we would like to consider that the following ways to protect our rights include the following: first, the two parties can negotiate and deal with it, and sign the relevant resignation certificate or terminate the labor contract agreement after reaching a consensus through consultation; Secondly, you can file a lawsuit with the labor inspection brigade or the labor bureau or apply for mediation, or apply to the labor arbitration commission for Li You's labor arbitration, and if you are not satisfied with the arbitration result, you can also file a lawsuit with the court.