How to adjudicate the illegal termination of labor relations

Legal Analysis: Compensation for illegal termination of the accompaniment = economic compensation 2. Severance = years of service and monthly salary (if the working years are more than 6 months but less than 1 year, it will be counted as 1 year, and if the working years are less than 6 months, it will be calculated as half a year).

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

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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. 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which the economic compensation shall be paid 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 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.

Legal Analysis: 1. Negotiate and settle. 2. Report to the labor administrative department (usually the labor inspection brigade of the district where the unit is located). 3. You can also apply for arbitration directly.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

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

3) Illness or non-work-related injury, within the prescribed medical treatment period;

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

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

If the employer illegally terminates the labor relationship, the claimant shall submit several arbitration applications and submit copies according to the number of respondents. The application for arbitration shall contain the following matters: (1) The name, gender, age, occupation, place of work and domicile of the worker, the name and domicile of the employer, and the surname and position of the legal representative or the principal responsible person; (2) the claim for arbitration and the facts and reasons on which it is based; (3) Evidence and evidence**, names and addresses of witnesses.

If it is really difficult to write an arbitration application, it may apply orally, and the labor dispute arbitration commission shall record it in the record and inform the other party.

Legal basis: Article 28 of the Law on Mediation and Arbitration of Labor Disputes.

If there is no dispute between the employer and the employee over the termination or dissolution of the employment relationship, both parties may make their own decisions without going through the labor arbitration commission. However, if a dispute arises due to the termination of the labor relationship or the dissolution of the cracked silver fiber, it may apply for labor arbitration. Termination of Labor Relationship:

The employer and the employee agree to terminate the term; The employee shall notify the employer in writing 30 days in advance of the termination; wrongful dismissal; economic redundancy; Other.