The boss dismisses in disguise, and the boss takes the initiative to dismiss the employee, how to de

If the boss dismisses the employee in disguise, he should pay compensation to the employee. According to Article 87 of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. Note:

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.

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.

In the workplace, we often encounter situations where some leaders want to fire employees, but it is difficult to let employees go directly. So I will think of some disguised recruitment to force this employee to leave. If you encounter the following three situations, it means that the boss wants to force the employee away, and the smart person quickly resigns and leaves.

1. Treat rationally and strive based on reason.

In the actual employment relationship, the employer can decide whether the employee will stay or leave the employee based on his performance, but this does not mean that the employer will dismiss the employee at will. If the employer dismisses the employee without reason, it shall argue on the basis of reason, and ask the employer to explain the reasons and issue a written certificate of termination of the labor contract or other formalities. Therefore, it is necessary to take a rational attitude in the process of disputes.

2. If the negotiation fails, seek judicial help.

According to the provisions, if the employer dissolves or terminates the 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 the labor contract. After the employee is dismissed without cause, he or she may negotiate with the employer.

However, if the employee does not request to continue to perform the contract or is unable to continue to perform the contract, the employer shall pay compensation to the employee. If the employer refuses to allow the employee to continue working and does not agree to pay the employee compensation, the employee may choose to resolve the issue through judicial means and apply for labor arbitration to protect his rights. If the employer believes that you "do not meet the employment requirements", "seriously violate the company's rules and regulations", or "are not qualified for the job", the employer must provide evidence to prove these facts.

Of course, special provisions should also be treated specially. If the remuneration is based on the hourly basis, the average daily working hours of the employee in the same employing unit generally do not exceed four hours, and the cumulative working hours per week do not exceed 24 hours. Under this employment model, the employer can dismiss the employee at any time without violating the law, but the labor remuneration must be sufficient.

In practice, whether it is a private owner or an enterprise, if you want to dismiss an employee, you must meet the circumstances stipulated in the Labor Contract Law, otherwise the act is illegal, and then you must bear the corresponding liability for compensation to the employee.

If the boss innocently dismisses and dismisses the employee, the employee can ask for economic compensation, and if the boss cannot solve the problem through negotiation, he can collect evidence of his work in **, apply for labor arbitration to the local labor inspection department, or directly go to the court to file a civil lawsuit to solve it.

The company wants to dismiss the employee. If the employee violates the company's rules and regulations. Then the employee can be dismissed in accordance with the rules and regulations. If there is no violation. So. Employees can also be dismissed if the company compensates them in accordance with the labor law.

If the boss takes the initiative to dismiss the employee, the employee should be compensated accordingly.

When the employer has worked in this unit for less than one year, and the boss takes the initiative to dismiss the employee, he shall compensate him with one month's salary.

If you have worked for more than one year, you will be compensated with one month's salary for each year of service.

If the boss takes the initiative to dismiss the employee, he must pay double the employee's salary, and the employee has signed a contract agreement with the boss before joining the company, and the boss takes the initiative to dismiss the employee, which is a breach of contract and must pay double the employee's losses.

First of all, it needs to be determined that the employee has signed the corresponding labor contract, and if the boss dismisses the employee during the labor contract period, he needs to compensate the corresponding amount of compensation, and if he is fired for no reason, he can go to the relevant agency to solve it, because this behavior is not allowed.

First of all, if there is no special reason for being the boss, the boss will not take the initiative to dismiss the employee, the initiative to dismiss the employee is mainly because the employee's work does not meet the company's requirements, or the work is not hard and not serious, or it may be due to the employee committing some principles, resulting in Lao Ma having to dismiss, so you must first consider why the employee is dismissed, and deal with it in a targeted manner. If it's the boss's fault, you can file a lawsuit with your local labor arbitration department.

It is not legal to terminate an employee without fault of the employee, and you can claim compensation from him/her, which is generally +1 for years of service, and if the terms of the employment contract you signed are enforced, you can apply to the arbitration committee for arbitration.

I think that if the boss takes the initiative to dismiss the employee, he must terminate the contract according to the labor law agreement, and at the same time give a certain amount of financial compensation.

It depends on whether the boss dismisses the employee in accordance with the procedures stipulated in the labor law, whether it is illegal and does not need to be dealt with. If the boss confirms that he wants to reduce the number of employees and improve efficiency due to business difficulties, the employees who are normally dismissed in accordance with the law will not be dealt with.

If the boss takes the initiative to dismiss the employee, the contract shall be terminated in accordance with the labor law agreement, and the employee shall be compensated according to the length of service in the company.

Employees who voluntarily dismiss can apply for compensation in accordance with the labor law, and they can be calculated according to the salary of one month for one year, so that old employees can get a lot according to the number of years.

If a company dismisses an employee on its own initiative, it shall pay severance according to the standard of one month's salary for each year of service.

The boss wants to dismiss the employee, of course, there are many reasons, how to deal with it, of course, it also needs to be measured by what the situation is, if it is the employee's own violation of the company's regulations, of course, it is good to dismiss directly, but if it is the company's reasons, of course, it should be implemented according to the company's contract.

The boss takes the initiative to dismiss the employee and give a certain amount of economic compensation at the same time as the settlement company.

If an enterprise dismisses an employee without cause, it is necessary to compensate the employee, and may apply to the Labor Bureau for enforcement.

Answer: Compensation according to the labor law: one month's salary for one year multiplied by the actual length of service. (If you don't understand, you can call** 12333 to consult!) ）

If there is a labor contract, the boss is urging the employee, and there should be compensation. If you don't sign a labor contract, then there is no way, and if you are jealous, you will be jealous, right?

It is enough to ask for compensation of n 1.

Let's talk about it and see if something is wrong.

Hello, I have seen your question, but it takes some time to type and organize the answer, please be patient for a few minutes.

Hello, you can refer to the following ways to protect your rights. 1. If the employee is dismissed without reason, the employee may apply for labor arbitration and require the employer to pay the arrears of wages, deposits, compensation for illegal termination, wages, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; The statute of limitations for labor arbitration is one year from the date of the employee's resignation. 2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; 3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's business registration or business license (registration information is not required in Beijing).

After the case is filed, **, and then mediated, and the arbitration committee issued an award if the mediation fails.

Questions. If it can be used as evidence, you don't want to delete it, you can do notarization.

I've always been paid a salary before.

Questions. OK.

Questions. Oh, how long can I make up for it.

Nowadays, labor law is all about workers, and a colleague in human resources told me that 99% of labor arbitrations will award the employee in favor.

Generally n 1 Oh.

Questions. n ten 1 what does it mean.

n is the number of years of service, if it is one year, n is 1, and if it is two years n is 2 years, you can get 2 months of compensation salary.

Questions. Oh, it's only been four months.

That's fine, at least 10,000 or 20,000 yuan.

There are thousands of reasons for <> dismissal of employees, how many wonderful reasons for dismissal have you heard?

1.Xiao Wang and Lao Gaitan ate and accidentally sprayed tea on the boss, and then were fired.

2.My friend once went to the bathroom and went for 20 minutes, and the leader happened to be in a hurry to urinate and waited at the door, and he was fired the next day.

3.My boss played a game together, but the boss lost and fired me the next day, saying that I was playing a game all day and didn't pay attention to my work.

4.There is a girl who works in a clothing store, but she was fired after a few days, and the store manager said that she was too fat and affected the image of the store.

1. According to Article 40 of the Labor Contract Law, a change in shareholders is not a legal reason for dismissing an employee, and the unilateral dismissal of an employee by a company due to a change in shareholders is an illegal termination of the labor contract.

The change of shareholders of a company is only a change in the organizational form of the company, and its legal personality still exists. The change of shareholders of the company does not automatically make it impossible to continue to perform the labor contract, nor is it a legitimate reason for the company to unilaterally exercise the right to terminate the labor contract.

2. Of course, it cannot be ruled out that the change of shareholders will have a certain impact on the company's business strategy, and will also bring about changes in the company's layout, structural adjustment, and job requirements, but in this regard, the employee is not responsible, so the company's first consideration is how to continue to perform the original labor contract. When there is indeed a significant change in the conditions for the performance of the labor contract, the employee should also negotiate with the employee on the change in the content of the labor contract from a reasonable and bona fide perspective. The right of termination can only be exercised if the negotiation fails.