The employer announced that the labor dispatch company would terminate the labor contract with me. 1

First of all, what is the reason for terminating the employment contract? In the case of a violation of the employee handbook, according to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the employer shall bear the burden of proof if a labor dispute arises due to the employer's decision to dismiss, dismiss, dismiss, terminate the labor contract, reduce labor remuneration, calculate the employee's working years, etc.

In addition, according to the provisions of the Labor Contract Law, the employer may terminate the labor contract if the employer notifies the employee in writing 30 days in advance or pays the employee an additional month's salary: (1) the employee is sick or injured not due to work, and cannot perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period. (2) The worker is incompetent for the job, and is still incompetent for the job after training or changing positions.

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 cannot reach an agreement on changing the content of the contract after consultation.

In order to make a layoff in accordance with the above legal provisions, you should pay attention to the following three points: (1) it depends on whether the company gives 30 days' notice; (2) Whether the company has fulfilled the written notification method; (3) If the company fails to perform the above two procedures, the company shall pay the laid-off employee an additional month's salary, and the additional salary shall be determined according to the employee's salary standard of the previous month.

If you feel that it is not in accordance with the law, you can go to the local labor arbitration department to file an arbitration application.

You can also refer to this.

It is an article about illegal layoffs in enterprises.

At present, it is common for administrative organs to dispatch workers through labor dispatch companies due to insufficient staffing or personnel, and to put it bluntly, temporary workers are not recognized by law. Equal pay for equal work is the legislative intent of the Labor Law, after all, a large part of the leaders of the administrative departments do not act completely in accordance with the law, as you mentioned above, the behavior of the unit clearly violates the spirit of China's labor law.

1. Whether the termination of the contract is legal.

According to your statement, the employer has no reason to exclude you under the contract law, because you have not violated the rules of the employer or committed serious negligence. If the unit's unilateral termination is not established, it may resort to the court to confirm that the termination is not established. However, the unit doesn't want you anymore, and it doesn't make sense for you to keep it, so you can ask the unit to pay double the compensation according to the law.

2. Retroactive wages.

Since January 1, 2008, the Labor Contract Law has been implemented, and if the employer has not entered into a contract with you, it violates the law, and you shall be paid double the salary for the period when the contract has not been concluded.

Vote to the Labor Inspectorate. Sue or apply for labor arbitration, claiming compensation and double wages.

It is not illegal for the forum to express its opinions, and it cannot be expelled for it.

Come to our Changsha Xinrui human resources service ****, we will help you find a satisfactory job.

Dispatched employees are required to pay severance or compensation if they are dismissed by the employer without fault.

In the following circumstances, if economic compensation or compensation should be paid but is not paid, they can apply for labor arbitration within one year to protect their legitimate rights and interests:

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, it may be determined that the employer has terminated the labor contract in violation of the law, and shall pay compensation, that is, 2 months' wages for every year of work.

2. If the employer and the employee legally terminate the labor relationship, the employer shall pay you severance payment, that is, one month's salary for each year of work, and if the employer does not notify the employee one month in advance, it shall also pay one month's salary as payment in lieu of notice. and cavities.

Legal basis: Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Legal analysis: In the case of labor dispatch dismissal, Duan Slag shall not be compensated unless it is due to statutory reasons.

Legal basis: Article 98 of the Labor Law of the People's Republic of China If an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.

Q: I have been working in a labor dispatch company for four years, and our company has entered into a labor contract with us by coercion against the true intentions of our workers, which has damaged our rights and interests, and now the company wants to terminate the labor contract with us, can we ask the company to pay economic compensation?

Compensation to be received by the employee if the employer terminates the labor contract early: If the employee unilaterally terminates the labor contract during the labor contract period (if the employee is not at fault), the labor contract is terminated illegally, and the company shall pay compensation equal to twice the amount of economic compensation.

1. The formula of severance is as follows: severance = working years and monthly salary.

Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the employer. where six months are less than one year, it is calculated as one year; If it is less than six months, it shall be paid according to the standard of half a month's salary. The calculation of severance shall be in accordance with Article 25 of the Regulations for the Implementation of the Labor Contract Law, and the calculation period of compensation shall be calculated from the date of employment.

2. If the employer dismisses or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.