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According to the Labor Contract Law, an employer shall pay one month's salary for each full year of work (if it exceeds half a year but is less than one year, it shall be counted as one year; If it is less than half a year, half a month's salary shall be paid), and economic compensation shall be paid to the worker. You can be compensated for 5 and a half months or 6 months' salary.
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If the employer violates the regulations and terminates the labor contract, the employee can claim compensation from the employer.
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It is possible to apply for certain compensation, which belongs to the dismissal of the employee without cause by the unit, so you can ask the company to pay you two months' salary as economic compensation, and if the company refuses, you can also file a labor arbitration through the local labor arbitration institution.
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Yes, you can apply. In this way, you can get a good solution. I don't think the people in the company have the capacity and authority to do that.
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There should be compensation, one month's salary for a year.
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If the employer terminates the labor contract in accordance with the law, it shall pay the corresponding economic compensation according to the number of years the worker has worked in the unit, and pay one month's salary according to the employee's service in the unit for one year, and the employee shall be counted as one year for 6 months and less than one year, and half a year for less than 6 months1. How to compensate for being dismissed after 4 months of work?
1. Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee according to the number of years of service in the employer 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.
2. 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 directly under the jurisdiction or districted city 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 time for which economic compensation is paid shall not exceed 12 years.
3. If the company wants to dismiss an employee, it must have the above-mentioned statutory reasons, and the labor contract can only be terminated after fulfilling the obligation of 30 days' notice in advance or paying the employee another month's salary in lieu of notice.
4. If there are no reasons stipulated in the above-mentioned laws, the dismissal of the employee by the company shall be regarded as an illegal termination of the labor contract, and it shall bear the liability of Article 87 of the Labor Contract Law, which stipulates that "if the employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay the employee compensation twice the standard of economic compensation stipulated in Article 47 of this Law".
2. Whether there is compensation or compensation for the dismissal of an employee by an employer depends on the reason for the dismissal. There are three types of cases:
1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, i.e., 2 months' salary for every year of service;
2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work, which is in accordance with Article 40 of the Labor Contract Law, and if the employee is not notified one month in advance, one more month's salary shall be paid as notice in lieu of notice;
3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it is not required to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.
In summary, if an employer dismisses an employee without cause, the employer shall give one month's notice in advance or pay an additional month's salary as notice in lieu of notice, and if the employer violates the provisions of the Labor Law, it shall pay the employee economic compensation for double wages, and if the employee violates the rules and regulations of the employer, the employer may terminate the labor contract without paying compensation.
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