The company terminated the labor contract early I worked in the company for half a year How can I ge

If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the company's request for you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

Work for half a year and compensate you for one month's salary.

Analysis of the law of law and loss: First of all, the labor unit must give one month's notice, and if there is no notice, it must pay compensation in lieu of notice. If the employer wants to terminate the labor contract before the expiration of the labor contract, it shall compensate the employee according to the number of years of service, and pay one month's salary for each full year of work, one month's salary for more than 6 months but less than one year, and half a month's salary for less than half a year.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that 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 as 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 time for which economic compensation shall be paid 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 analysis: If the company initiates the termination of the labor contract, it needs to give the employee an additional compensation of one month's salary and economic compensation. If the worker is not competent for the job, has been trained or adjusted to the job, and is still incompetent for the job; If there is a major objective change in the signing of the labor contract, and the employer and the employee fail to reach an agreement through consultation.

The employer shall pay one month's salary and economic compensation, and for those who are less than six months, the bureau shall pay half a month's salary as economic compensation; where it is more than six months but less than one year, it is calculated as one year;

Legal basis: Article 40, Paragraph 1, Paragraph 2 of the Labor Contract Law of the People's Republic of China In 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: (2) The employee is incompetent for the job and is still incompetent after training or job adjustment.

Legal analysis: severance compensation is paid to the employee according to the number of years the employee has worked in the employer, and the monthly wage refers to the average salary of the employee in the 12 months before the termination or termination of the labor contract. If the employer terminates the labor contract in violation of the law, it shall pay the severance at twice the standard of severance payment.

The legal basis for bringing a sedan car such as:

Labor Contract Law of the People's Republic of China Article 87 Where 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 compensation for economic compensation as stipulated in Article 47 of this Law.

Arbitration may be requested:

1.The employer is required to pay one month's payment in lieu of pass.

2.The unit is required to pay economic compensation from the date of entering the company. If you cannot provide evidence of the month before, then it can only be calculated from the month, and the compensation will be 2 months after more than 1 year and 6 months but less than 2 years.

3.Require the unit to pay economic compensation for illegal dismissal. 6 months from the date of implementation of the new law. It is possible to ask the unit to pay for 2 months, of course, this will conflict with item 2. But it doesn't matter. It's right to write.

Economic compensation should be calculated in two parts, before 08 years according to the relevant supporting measures of the "Labor Law", after 08 years according to the "Labor Contract Law".

I'll help you calculate the latter part first. Where the period exceeds 6 months, it shall be calculated as one year. For each full year, financial compensation equivalent to one month's salary is paid. So after '08, you can get a month's salary as financial compensation.

According to the new labor law, the employer must pay compensation to the employee after terminating the labor contract in accordance with the law, and the compensation is one month's salary after one year, and so on. You have been paid 2 months' salary for 2 years. In addition, if the employer terminates the labor contract without cause, the employee shall be paid double compensation.

Therefore, the employer is required to pay you compensation for 4 months' wages.

Article 87 of the Labor 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 provided for in Article 47 of this Law.