Can I claim compensation for dismissal?

If the employer dispatches an employee to work in another place as stipulated in the labor contract, it shall be deemed that the employer has unilaterally changed the employment contract on the place of work, and the employee has the right to refuse. However, if the employer directly terminates the labor contract on the grounds of the employee's refusal, it is an illegal termination. The worker can apply for labor arbitration to claim compensation, and the standard of compensation is 2 months' salary for every 1 year of service.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)!

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the first hearing, after which the two parties will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. It is possible to ask professionals to provide remote guidance services and write legal documents such as labor arbitration applications and evidence lists without inviting local lawyers. And during the application for labor arbitration, do not delay the worker to work in the new unit!

Article 47 of the Labor Contract Law stipulates that economic compensation 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.

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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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 in accordance with Article 87 of this Law.

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 worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Does an enterprise need compensation for dismissal of employees?

Legal analysis: An employer may terminate a labor contract under any of the circumstances provided for in Article 26 of the Labor Law, but shall notify the employee in writing 30 days in advance;

In addition, the standard of compensation for termination of labor is calculated based on the employee's years of service and wages for the 12 months prior to the termination of the 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.

Legal basis: Article 26 of the Labor Law of the People's Republic of China The employer may terminate the labor contract under any of the following circumstances, but shall notify the employee in writing 30 days in advance:

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

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 original labor contract, and the parties cannot reach an agreement on the change of labor after consultation.

Legal analysis: When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. Specify:

First, if an employee is dismissed without cause, the employer needs to pay double the economic compensation. Second, if an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. Third, the unit needs to pay economic compensation for the economic layoffs and dismissal of employees.

Fourth, if the employee seriously violates the company's discipline, the employer does not need to pay compensation. Fifth, if the employer dismisses the employee during the probationary period because he does not meet the employment conditions, the employer does not need to pay economic compensation.

Legal basis: Article 26 of the Labor Law The employer may terminate the labor contract under any of the following circumstances, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer; 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 original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.