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At the township police station, your father must be a farmer.
Only urban hukou has pension and medical insurance.
Of course, the rural hukou did not pull.
For example, if you are a city hukou, you can report it to the higher public security bureau.
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The employer should pay severance payment, which is 18 months' salary.
Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer and the rate 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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Employers who have worked continuously for 18 years and are less than five years away from the statutory retirement age cannot dismiss them at will.
Article 42 of the Labor Contract Law stipulates that a person who has worked continuously for 15 years and is less than 5 years from the statutory retirement age may not terminate the employment contract. And the employer shouldn't not give your dad insurance or something.
You can first go to the labor dispute arbitration commission for arbitration, and if you are not satisfied with the arbitration, you can go to the appointed court to litigate!
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1. You can apply for labor arbitration and ask the employer to compensate your father for his past medical insurance and social security, which is a lot of money.
2. If your father has not signed a labor contract with the police station, it should be difficult for you to get any compensation.
3. If there is a labor contract in place and the labor contract has not expired, the police station will unilaterally terminate the labor contract to make a one-time compensation, and compensate 1 month's salary for each year of work.
4. Your father is still a certain distance from the retirement age, and the provisions of Article 42 of the Labor Contract Law are not used.
5. Recall that if you didn't work overtime and didn't pay overtime before, you can come back at one time.
Mainly collect evidence: historical pay slips.
It is difficult to get a guarantee without a contract, but there are two months of salary compensation, and even if there is no labor contract, your father and the police station have formed a practical labor relationship.
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Yes. If he doesn't give it, he will sue him.
And I want to go back to the pension and wait for money.
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Legal analysis: the compensation standard for employees who have worked for less than one year and is illegally dismissed is also one month's salary, as long as the party has worked for 6 months, it should be compensated according to this standard, and if the situation is less than 6 months, an additional half month's salary will be paid for compensation, but the reason for the dismissal of the employee is also very important, for example, there is no compensation because the miner is fired.
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. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.
Article 38 An employee 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) Failing to pay social insurance premiums for workers in accordance with the law.
4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers. (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law. (6) Other circumstances in which the labor contract may be terminated as provided by laws and 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.
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Legal Analysis: Compensation can be claimed. 1. Economic compensation shall be paid to the laborer according to the number of years of service 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. 2. Double wages without signing a labor contract; 3. Supplementary payment of insurance; 4. If the unit does not give one month's notice of dismissal, it shall pay the pending notice. According to Article 46 of the Labor Contract Law, if an employer terminates the employment relationship in accordance with Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.
Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee at the rate of 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;
If it is less than six months, the worker shall be paid half a month's salary.
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 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The probationary period shall not exceed six months for a fixed-term employment contract of more than three years and without a fixed term. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.
Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.
Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.
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According to the provisions of China's "Labor Contract Law," if an employer dismisses a worker, the worker can receive one month's salary as economic compensation for each year of service, and if his relatives are dismissed after 10 years of service, he can receive 10 months' salary.
Labor Contract Law
Article 46.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
1) The worker 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;
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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;
6) Termination of 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.
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If an employee is dismissed after 15 years of service, if he or she is dismissed illegally, he or she can receive compensation of 30 months' salary. If you are dismissed in accordance with the law because you are not qualified for the job, you can be compensated with 15 months' salary. However, if the salary exceeds three times the average monthly wage of the employee in the previous year in the region, the employee shall be compensated with a maximum of 12 months' salary.
Article 3 and Article 19 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) It is proved that the employee 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.
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