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Take the agreement to the labor arbitration commission, and if it doesn't work, you will sue.
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Legal Analysis:1The company dismissed without signing a labor contract and received compensation.
2.Double compensation without a contract is generally calculated for 11 months' salary. The second is the loss of the unit's failure to pay the insurance, and the employer can also claim the severance for the termination of the contract with one month's salary.
You can apply for labor arbitration, file a complaint with the labor inspection department, and pay attention to retaining relevant evidence.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 Mu Tandan In order to establish a labor trust-in-law relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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Legal Analysis: 1. In the case of no labor contract, the employer shall pay double the salary compensation. The specific time is:
From one month of employment to eleven months of employment for one year, Zhensen will be raised to double the salary. After one year, it is legally deemed that the two parties have entered into an indefinite term employment contract. 2. If an employer dismisses an employee without cause, it shall pay double the severance payment.
That is, for every year of service, the employer shall pay two months' wages as economic compensation.
Legal basis: 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 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 in accordance with Article 87 of this Law.
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The severance compensation shall be paid to the worker according to the number of years he or she has worked in the employer, and one month's salary shall be paid 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 employer illegally terminates the labor contract, it shall pay compensation at twice the above standard.
According to Article 46 of the Labor Contract Law, if an employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, that is, if the labor contract is terminated through negotiation or statutory termination, or if the employee is incompetent for the job or the company has operational difficulties and needs to lay off employees, it shall pay economic compensation to the employee. Article 47 stipulates that severance shall be paid to the worker 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. In addition to the above-mentioned circumstances, if an employer dismisses an employee, it is deemed to have terminated the labor contract illegally, and the employer shall pay compensation to the employee at twice the standard of economic compensation, that is, according to the employee's years of service in the employer, and the standard of two months' wages for each full year. where it is more than six months but less than one year, it is counted as one year; If it is less than six months, the employee shall be paid one month's salary compensation.
Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China? Severance shall be paid to the worker 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. 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.
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What is the reason for dismissal, you can check the current labor laws, which ones you meet and whether you can get compensation.
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If the company dismisses the company without reason during the contract period, the company should compensate for the compensation, and the two parties shall negotiate how to compensate.
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If you have signed a contract and the company does not compensate you according to the labor contract, then you can apply to the labor department to deal with it.
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If a large company unilaterally dismisses an employee, then there must be a certain amount of compensation.
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If you sign a labor contract and are dismissed by the company, you should be compensated. Yes, after signing the employment contract, you are dismissed by the company, you claim compensation and you can ask the police to help solve the problem.
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If you sign an employment contract and are dismissed, you can take the employment contract to labor arbitration for legal assistance.
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Wages are compensated. Compensation for 1 month's salary. If you don't have an employment contract, you can still get 3-4 months' salary.
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Let me tell you, you don't care how the labor law is interpreted, keep the labor contract, and everything is performed in the labor contract, and you can also seek legal assistance such as 315**ah, some**ah, etc.
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If a unit terminates a labor contract, it shall have a lawful reason. If the labor contract is terminated without lawful reasons, it shall be terminated illegally, and economic compensation shall be paid.
If your employer does terminate the contract due to a major change in objective circumstances, the employer shall pay one month's salary to be notified, and pay one month's salary according to the severance of one month's salary for each year of your working years.
It is illegal for an employer to pay wages in arrears, and the worker may request the employer to make up for it, and may also demand 25% of the arrears of wages as economic compensation.
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Why the dismissal? If you are fired for violating the company's rules and regulations or for other reasons, there is no way to do it. If there is no reason, it is necessary to negotiate with you to terminate the payment, and the compensation will be compensated for at least one year's monthly salary.
You can go to the Labor Bureau and ask for arbitration. If you are forcibly dismissed without cause, you can claim compensation for 1 year and 2 months' wages.
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Answer: What should I do if I am dismissed by the company after the labor contract?
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