How to compensate for dismissal during the contract period, and whether there is compensation for di

It is possible to apply for labor arbitration to claim severance for the payment of monthly wages.

He can terminate the contract, but he will pay you an extra month's salary, plus severance and double the salary for the period when the contract was not signed. You can apply for arbitration at the Labor Arbitration Board. It's best to hire a lawyer, where are you? You can contact me.

Looking at your experience, there are a few things that your company is not doing well:

1 After signing a two-year contract, the probationary period was three months, which was clearly beyond the legal period.

2 You did not have a contract between October 2009 and June 2010, so you should be paid double wages if you work between November 2009 and June 2010.

3 Employees who resign without cause and without advance notice shall be compensated for at least 3 months' wages.

Your company's reasons for leaving you are not tenable, you have not made a serious mistake, and there has been no major change in the company that necessitates your departure.

Legal Analysis: There is no severance payment for the termination of the labor contract.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer shall dismantle the payment of the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

The compensation for termination of the contract period is as follows:

1. If the employee requests to continue to perform the labor contract, the employer shall continue to perform it;

2. 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;

3. If the employer dissolves or terminates the labor contract in violation of the regulations, it shall pay twice the compensation. 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. If it is shipped for more than six months and less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Labor Contract Law of the People's Republic of China

Article 47. 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.

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 of time for which the 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.

1.How to compensate for dismissal during the contract period?

1.If the employee is illegally dismissed during the contract period, the severance shall be calculated at twice the time:

1) According to the employee's working years in the company, one month's salary will be paid for each full year;

2) Employees who have worked for more than six months but less than one year shall be calculated according to the standard of one year;

3) If the worker is not satisfied with the work for six months, the worker shall be paid half a month's salary as economic compensation;

4) If the monthly salary of an employee is three times higher than the average monthly wage of an employee in the previous year announced by the people of the municipality directly under the Central Government and the city divided into districts where the company is located, the severance shall be paid in accordance with the amount of three times the average monthly salary of the employee.

2.Legal basis: Article 47 of the Labor Contract Law.

Severance is paid according to the number of years of service in the employer, and one month's salary is paid 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, half a month's salary shall be paid to the worker. If the monthly wage of a worker is three times higher than the average monthly wage of the worker 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 for paying severance to the worker shall be three times the average monthly wage, and the period for paying severance to the worker shall not exceed 12 years.

2. How to compensate pregnant women for dismissal?

First of all, the company cannot request the termination of the employment contract with the employee because the employee is pregnant. According to the law, an employer shall not reduce the salary, dismiss or terminate the labor or employment contract of a female escort employee because of her pregnancy, childbirth or breastfeeding. Second, in this case, the dismissal of the employer constitutes illegal dismissal, and the employee has the right to demand continued performance of the labor contract or economic compensation from the employer.

The severance payment is calculated according to the number of years of service with the employer, and the employer may be required to pay the severance equivalent to two months' salary for each full year.

1. If the employer terminates the labor contract upon the consensus of the labor parties, the employer shall pay the worker an economic compensation equivalent to one month's salary for each full year of the employee's working years in the employer, and the maximum shall not exceed 12 months, and the compensation shall be paid according to the standard of one year if the working time is less than one year. 2. The employer shall bear the burden of proof in the event of a labor dispute arising from the employer's decision to remove, dismiss, dismiss, terminate the labor contract, reduce the labor remuneration, calculate the employee's working years, etc. Therefore, although the employment contract is kept by the company's personnel, you don't have to worry too much.

3. Unemployed persons who meet the following conditions may receive unemployment insurance money: 1) Participate in unemployment insurance in accordance with the regulations, and the unit to which they belong and themselves have fulfilled the obligation to pay contributions in accordance with the regulations for one year; (2) The employment is interrupted not due to the person's will; (3) Have been registered as unemployed and have job search requirements. Regardless of whether the employee has been regularized or not, the law stipulates that the employer cannot dismiss the employee at will, and if it wants to be dismissed, it must meet the circumstances stipulated in the law, otherwise the dismissal will be illegal.

Then the employee can pursue the legal responsibility of the employer in accordance with the law.

There is no severance for the termination of the employment contract.

Legal basis] Article 50 of the Labor Contract Law [Obligations of both parties after the dissolution or termination of the labor contract] The employer shall, when dissolving or terminating the labor contract, issue a certificate of justification, dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer is required to pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall pay a balance at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.