It has been more than a month since I was dismissed, and the contract has not expired, can I still a

Updated on society 2024-02-09
4 answers
  1. Anonymous users2024-02-05

    If an employer terminates a labor contract in violation of the law, it may request double the payment of severance pay, which shall be calculated according to the number of years the employee has worked for the employer.

    One month's salary shall be paid as economic compensation for each year of service, and if it exceeds half a year but less than one year, one month's salary shall be paid, and if it is less than half a year, half a month's salary shall be paid.

    Based on the actual salary of the employee, the employer needs to give 30 days' notice to terminate the labor contract, and if there is no advance notice, it needs to pay another month's salary as notice in lieu of notice.

    In the case of illegal acts, the employer can leave the company at any time without prior notice, and the unit shall handle the resignation procedures for you, including the settlement of wages, the issuance of resignation certificates, and the transfer of household registration and files.

  2. Anonymous users2024-02-04

    If the labor contract is not renewed after 1 year, you can apply for double salary.

    According to the Labor Contract Law of the People's Republic of China, the employer shall sign a written labor contract with the employee within one month from the date of employment. If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee shall be paid twice the monthly wage, starting from the day after the expiration of one month from the date of employment. In addition, if the employee is still working for the employer after the expiration of the labor contract, the employer shall still renew the labor contract with the employee in a timely manner. If the contract is not renewed, it shall still be paid twice the salary, starting from the day after the expiration of the employment contract.

  3. Anonymous users2024-02-03

    Legal Analysis: If the employee is dismissed before the contract period expires, the employee can request the employer to pay economic compensation, as well as double wages for more than one month but less than one year without signing the labor contract. According to the law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China.

    If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

  4. Anonymous users2024-02-02

    Legal analysis: If a one-year labor contract is signed and the contract is dismissed before the expiration of the contract, the employee can receive economic compensation and must compensate for one month's salary.

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

    Article 47? Severance shall be paid to the employee according to the number of years the employee has worked in the rolling position, and the employee shall be paid one month's salary for each full year. If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year.

    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 paid to the employee shall be three times the average monthly wage, and the maximum period 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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