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Anonymous users2024-02-06Hello, I can understand your feelings, but for the situation you said, the labor contract law does not have very clear provisions, and your company is taking advantage of loopholes to play a side game. The recommendations are as follows:
I don't know how the contract between you and the company is agreed, if the job position is specified, you can protect your rights and interests in accordance with paragraphs 5 and 6 of Article 38 of the Labor Contract Law, because the company changes the labor contract against your true will.
The legality of placing cameras in your workplace is debatable, and generally speaking, installing surveillance cameras needs to be filed with the public security organs.
A salary reduction can be regarded as a breach of contract by the company, and the clause in Article 1 also applies to the salary reduction.
Considering your position and years of service, the amount of compensation involved is relatively large, and you can consider hiring a lawyer.
If so, the exact amount of compensation is difficult to calculate, because you don't know the basic salary line in your area, and you don't know how much you earn.
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Anonymous users2024-02-05When terminating an indefinite labor contract, the company shall pay compensation to the employee according to the number of years the employee has worked in the employer, and shall pay compensation to the employee at the rate of one month's salary for every full yard of life.
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 labor contract is terminated in violation of the law, the employee shall be paid compensation at twice the amount of the economic compensation.
Article 87 of the Labor Contract Law provides that 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.
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Anonymous users2024-02-04The company's termination of the labor contract and compensation for the indefinite contract are as follows:
1. If the labor contract is terminated illegally, the compensation shall be paid to the employee at twice the economic compensation standard;
2. In the case of termination of labor contract, no-fault dismissal, or economic layoff through negotiation with the employee, economic compensation shall be paid according to the number of years;
3. In case of negligent dismissal, no economic compensation is required.
If an employer dissolves or terminates a 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 it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation.
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 prescribed economic compensation standard.
Legal basisArticle 47 of the Labor Contract Law of the People's Republic of China.
Severance shall be paid to the worker 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 as economic compensation.
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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period for which economic compensation shall be paid shall not exceed 12 years.
The term "monthly wage" as used in this article refers to the average wage of an employee for two months before the termination or dissolution of the labor contract.
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Anonymous users2024-02-031. The employee may terminate the labor contract if he notifies the employer three days in advance during the probationary period. During the contract period, the employee may terminate the labor contract by notifying the employer in writing 30 days in advance. On the date of expiration, they can leave by themselves.
2. If the labor contract is terminated upon the expiration of the contract, the employer shall pay economic compensation to the employee: unless the employer maintains or improves the terms and conditions of the labor contract and the employee does not agree to renew the labor contract. 3. During the contract period, if the company terminates the labor contract in advance without reason, it shall pay economic compensation.
Severance shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer. 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. The maximum period for which economic compensation may be paid shall not exceed 12 years.
The above content is the compensation for the termination of the labor contract by the employer.
Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38 of the Labor Contract Law of the People's Republic of China An employee may terminate a labor contract under any of the following circumstances: (1) Failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for those who work in accordance with the law; (4) The rules and regulations of the employer violate the provisions of laws and regulations, and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.
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After requesting the continuation of the performance of the contract, or requiring the other party to compensate for losses, or requesting the other party to make appropriate compensation, the contract is re-signed.
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