How to make up for the dismissal of employees, and how to make up for the dismissal of employees by

First of all, you should try to collect relevant evidence during the week, such as proving your labor relationship, salary standard, if there is overtime, overtime, etc.

1. If you do not have a pre-signed labor contract, you can apply for arbitration to claim payment of twice the difference in wages from February 2008 to December 2008.

2. If you have no insurance, if you are an urban hukou, you can go to the complaint to ask for the social insurance and five insurances during your employment.

If you have a rural hukou, you can apply for arbitration to claim the payment of unpaid pension insurance compensation during your employment.

3. If you are dismissed, if you make a mistake and the employer terminates the labor relationship on the grounds that you have violated labor discipline, then you will not get any economic compensation.

If the employer illegally terminates the employment relationship, then you can ask the employer to pay you compensation for the illegal termination of the employment relationship.

In addition, you can ask the employer to pay you one month's salary if you do not give you one month's notice to terminate the employment relationship.

If the employer notifies you of the termination of the employment relationship one month in advance, then you can request the payment of severance for the termination of the employment relationship.

For relevant laws, see Articles 36 to 48, 82 and 87 of the Labor Contract Law.

No compensation can be given to an employee who is dismissed, and compensation is required for a dismissed employee. Dismissal refers to the highest administrative sanction imposed by an employer on an employee who has seriously violated labor discipline and enterprise rules and regulations, caused major economic losses and other violations of law and discipline, and has repeatedly refused to change his or her ways.

There is a labor law, it seems that at least 20 months' wages have to be compensated, you can apply for labor promotion to see if your five insurances and one housing fund are almost bad, but you must prepare some evidence of working in the original unit in advance, such as salary stubs and the like, don't say empty words, it is not evidence.

The new labor law has clear provisions. If the labor contract is not signed and there is evidence to prove that there is a labor and employment relationship, the employee shall be paid double the salary of the employee from the date of the contract and the date on which he is not signed. Check out the new labor law specifically.

You can go to labor arbitration to appeal such a problem. However, it is estimated that the situation will take longer to operate. It would be a good idea to be able to negotiate a solution.

You can wait for the boss to talk to the boss when he is in a good mood, maybe you are not doing well, or maybe the boss is in a bad mood and you talk a lot, in short, you have to discuss with the boss. Because it's annoying to eat other people's bowls, you have to look at other people's faces. Nothing.

Failure to pay social insurance and economic compensation] Article 46, Paragraph 1 of the Labor Contract Law stipulates that under any of the following circumstances, the employer shall pay economic compensation to the employee (if the employee fails to pay social insurance in accordance with the law (Article 38, Paragraph 3)).

Article 82 of the Labor Contract Law stipulates that 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 (initial) employment, it shall pay the employee twice the monthly wage.

Because there is no employment contract, it is more difficult to defend rights.

Check with your local labor bureau for details.

It is also possible to apply for labor arbitration.

Legal Analysis: If an employee is dismissed by the company, compensation shall be made according to the following standards:

Article 47 of the Labor Contract Law of the People's Republic of China: Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard 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.

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

Article 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance.

Article 40 In the event of no-fault dismissal under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary.

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 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.

Compensation standards for dismissed employees, generally speaking, each company has its own different regulations, and this method In short, if you dismiss an employee, then you need to pay the compensation standard for the dismissed employee, generally speaking, each company has its own different regulations, and this method, in general, if you dismiss an employee, then you need to pay the corresponding salary and remuneration to the employee and the compensation standard for the dismissal of the employee. Generally speaking, each company has its own different regulations, and there is this method.

There is no compensation for being fired for violating the company's rules or causing financial losses to the company.

Employees who are illegally dismissed shall be paid twice the compensation based on economic compensation; No compensation is required for wrongful dismissal; In addition to the payment of economic compensation, an additional monthly salary will be paid for economic layoffs; In other cases, severance shall be paid, and 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.

How to compensate employees for dismissal by the company

1. The economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the employee shall be paid half a month's salary, which refers to the average salary of the employee for the 12 months before the termination or termination of the labor contract.

4. According to Article 46 of the Labor Contract Law, if the employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.

5. Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation.

The compensation for the dismissal of the employee is as follows: Zheng Jin.

1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation;

4. 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 period of payment of economic compensation shall not exceed 12 years;

5. If the unit is unilaterally dismissed without a legitimate reason, it is necessary to pay double the compensation according to the above standards.

Dismissal of an employee:

1. The employer proposes that the labor contract can be terminated after consultation with the employee.

2. The employer may terminate the labor contract at any time if the employee falls under any of the following circumstances:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the interests of the employer;

4) Be investigated for criminal responsibility in accordance with the law.

To sum up, the compensation for dismissal of an employee is as follows: severance compensation is paid to the employee according to the number of years the employee has worked in the employer, and one month's salary is paid for each full 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 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.

Legal basis]:

Article 46 of the Labor Law of the People's Republic of China.

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) 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) 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.

Summary. Dear, hello, after being dismissed by the company, according to the length of work in the unit, the compensation standard is different, if you have worked in the unit for one year, you can be compensated for one month's salary, if you have worked in the unit for less than half a year, it is also counted as one year, and if you have worked in the unit for less than half a year, you can be compensated for half a month's salary.

Dear, hello, after being dismissed by the company, according to the length of work in the unit, the compensation standard is different, if you work in the unit for one year, you can compensate for one month's salary, work in the unit for half a year and less than one year, it is also considered a lenient year, only less than half a year before working in the unit, you can compensate for half a month's salary.

Article 40 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the standard of the employee's salary for each full month of work in the unit for one year. where it is more than six months but less than one year, it is calculated as one year;

If the labor contract is less than six months, half a month's salary shall be paid to the employee as economic compensation according to the average salary of the employee for the 12 months prior to the termination or termination of the labor contract.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employees in accordance with the economic compensation standard stipulated in Article 47 of this Law.

Hello, I want to ask, I was fired from the company, but the labor contract did not give me the salary certificate, the attendance sheet, and the dismissal record were not stamped by the company.

I haven't seen it either.

Hello dear, why did the unit quit you?

He said I didn't respect him, so he fired me, I went to the labor bureau today, and the labor bureau said that the evidence was not controlled by law, and now what should I do.

Hello dear, do you have a labor agreement?

I signed it, but he didn't give it to me, and now I ask him to compensate me for half a month's salary, what should I do now, what should I prepare.

Dear and dear, if an employee is dismissed after less than half a year's work, the employer shall pay the employee half a month's salary as severance compensation.

According to the provisions of the Labor Contract Law, if an employee is dismissed without cause, the employer needs to pay double the severance payment.

Employees who are illegally dismissed shall be paid twice the compensation based on economic compensation; No compensation is required for wrongful dismissal; In addition to economic compensation, an additional month's salary will be paid for economic layoffs; In other cases, economic compensation shall be paid to the worker according to the standard of one monthly wage for each full year of the worker's service in the unit.

If the employee is dismissed by the employer, the amount of severance shall be determined according to the number of years of service of the employee in the employer and the salary of the worker, and if the employee is dismissed in violation of the law, double the severance shall be paid, and the calculation standard of severance shall be as follows:

1) The calculation of severance is based on the employee's due salary and the average salary of the 12 months prior to the termination of the labor contract.

2) Severance payment is based on the number of years the employee has worked in the company, and the employee shall be paid one high school salary for each full year.

3) If the employee has worked for more than six months but less than one year, it shall be calculated according to the standard of one year;

4) If the employee has worked for less than six months, the employee shall be paid half a month's salary as economic compensation;

5) If the monthly salary of the employee is three times higher than the average monthly salary of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city level divided into districts where the company is located, the economic compensation shall be paid according to the amount of three times the average monthly salary of the employee.

6) The maximum number of years for which economic compensation shall be paid to the worker shall not exceed 12 years.