The company fired me, what compensation should I be given?

Updated on society 2024-03-16
9 answers
  1. Anonymous users2024-02-06

    Labor cases can be handled by themselves, the same can be won, and labor arbitration is completely free, I hope mine will help you solve the problem, labor disputes, labor arbitration everyone can hi me!

    1. You can apply for labor arbitration to demand payment of double wages (up to 11 months) and arrears of wages, deposits, economic compensation, overtime wages, etc. Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

    2. The key to such a case is to have evidence to prove the labor relationship! For example, tooling with the name of the company, work card or work card (preferably with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship);

    Legal basis: Labor Contract Law:

    Article 10 A written labor contract shall be concluded for the establishment of labor relations.

    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.

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    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.

    There are relevant laws and regulations for my space and QQ logs!

  2. Anonymous users2024-02-05

    The compensation for dismissal of the company is analyzed according to different situations:

    1. If the employer terminates the labor contract illegally, the employee can claim to pay compensation for Bu Chang quietly;

    2. If the reason for the termination of the labor contract by the unit meets the prescribed circumstances, there is no need to pay economic compensation or compensation, and the circumstances under which the contract can be terminated according to the law are as follows:

    1) The employee is proved to be ineligible for employment during the probationary period;

    2) The employee seriously violates the rules and regulations of the employer;

    3) Employees are strictly derelict in their duties, engage in fraud for personal gain, and cause significant damage to the unit;

    4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

    5) Those who have been investigated for criminal responsibility in accordance with law;

    3. If the reason for the termination of the labor contract by the employer meets the prescribed compensation conditions, the employer shall pay economic compensation;

    4. If the employer cannot reach an agreement on the compensation or other disputes arise, either the party or the employer can apply for labor arbitration within one year of being dismissed.

    Legal basis: Article 40 of the Labor Law of the People's Republic of China.

    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:

    1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

    2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

    3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

  3. Anonymous users2024-02-04

    Legal analysis: the company shall pay compensation for dismissal, and pay one month's salary for each full year of the employee's service according to the number of years he or she has worked in the company; 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.

    Legal basis: Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of one month's salary for each full year. If it is more than six months and less than one year, it will be counted 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 Huaiqin who pays the employee shall be paid three times the average monthly wage of the employee, and the maximum period of payment of economic compensation 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.

  4. Anonymous users2024-02-03

    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 the Labor Contract Law.

  5. Anonymous users2024-02-02

    Don't worry if you are fired by the company, you must take these compensations! Many people have suffered a lot because of this.

  6. Anonymous users2024-02-01

    The company is required to pay double the severance payment

    If the company refuses to pay, it is advisable to apply for labor arbitration.

  7. Anonymous users2024-01-31

    I also don't recommend that you take the second way of compensation, because you may not be able to get compensation if you have to declare, and even if you apply for labor arbitration, you may not really get the money. Don't toss, the 20-day salary is the real way out to leave as soon as possible and find a new job. If you have worked for less than 1 year, you will be compensated for up to one month's salary, but you may not be able to get it.

  8. Anonymous users2024-01-30

    In fact, according to the provisions of the labor law, the company will only pay you half a month's salary as economic compensation when you dismiss you. According to the meaning of your company's personnel department, it is not that it will not be given to you, but that the procedure will be taken for a long time. So I think it's better for you to pick the first one.

  9. Anonymous users2024-01-29

    If I am not mistaken, if it is proposed by the company, it should be 30 days in advance, and if it is requested to leave immediately, it is necessary to give a reasonable reason for compensating one month's salary, and most of them are ideal. The actual situation is that if the company is a scoundrel, you will not get a penny, and you have heard of personnel, and all personnel are for the company. If the previous salary, social security, etc. are in place, and your heart is not too blocked, it is recommended that you take the first plan, and it is only good for you to end it early, of course, I think it is completely unreasonable if they write dismissal to you in the second plan, of course, the scoundrel can do everything.

    In most cases, the company can't go early, if you are a small bus spicy person can not play any light and heat, even if you burn yourself out, the company will not be grateful to you, it is difficult for individuals to fight the company, before the company is not at the end of the road to play a scoundrel, hurry up and leave.

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