I have worked for a year, and the company fired me, is it legal for me to only give me half a month

Updated on society 2024-03-03
10 answers
  1. Anonymous users2024-02-06

    Not legal, you should be paid 2 months' salary.

    There are also double wages and social security without a contract.

  2. Anonymous users2024-02-05

    Congratulations! You can go to the company with your colleague (it can be said to be an old colleague), saying that he did not sign a written labor contract, and you can receive the total salary from the second month of employment to the end of the resignation, as double the salary of the unsigned labor contract, plus the employer dismisses you in violation of the contract, and you will be compensated according to the number of years you have worked in the company, and you will be compensated for more than half a year, calculated according to one year, and pay two months' salary a year, which is enough for you to spend a while.

  3. Anonymous users2024-02-04

    Article 46 of the Labor Contract Law states that "under any of the following circumstances, the employer shall pay economic compensation to the employee:

    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 terminates 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. ”

    Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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 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.

  4. Anonymous users2024-02-03

    Yes. Article 36 of the Labor Contract Law stipulates that an employer and an employee may terminate an employment contract if they reach an agreement through consultation. If the employer proposes to terminate the labor contract to the employee in accordance with the provisions of the law and the employee agrees to terminate the labor contract through consultation, it shall pay economic compensation.

    For employees who are dismissed during the probationary period, some need to be compensated and some do not need to be compensated according to different circumstances. Generally speaking, there is no economic compensation for an employee to terminate an employment contract on his or her own initiative, but according to Article 38 of the Labor Contract Law, an employee may unilaterally terminate the employment relationship at any time when the employer violates certain illegal circumstances.

    Employers' violations include:

    Failure to provide labor protection or working conditions as agreed in the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

    The labor contract is invalid due to reasons attributable to the employer; The employer forces the worker to work by means of violence, threats or illegal restrictions on personal freedom; The employer violates rules and regulations, orders risky operations, endangers the personal safety of employees, etc.

  5. Anonymous users2024-02-02

    What should I do if I am dismissed for five days at work and do not pay my salary.

  6. Anonymous users2024-02-01

    According to the provisions of the Labor Contract Law, it is illegal to orally agree that the probationary period is invalid, and it is illegal to use labor without signing a labor contract and failing to pay social insurance premiums for employees in accordance with the law. According to Article 82 of the Labor Contract Law, "if an employer fails to conclude a written labor contract for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage."

    You can ask your employer to pay you the regular salary, pay compensation and pay back social security contributions. You need to prepare relevant evidence that can prove the employment relationship, labor remuneration, and working hours, so as to facilitate the application for labor arbitration.

  7. Anonymous users2024-01-31

    There must be, and you're fired, as is the case with most companies.

  8. Anonymous users2024-01-30

    Monthly wages should be paid as compensation.

  9. Anonymous users2024-01-29

    Legal analysis: If you have been working for less than a month, you can resign but you can at any time from time to time; If you are on probation, you should notify the employer verbally three days in advance, or you can reach an agreement with the employer. According to the provisions of the Labor Law, when an employee resigns, he or she may request the employer to pay the wages of the employee according to the number of days actually worked.

    Legal basis: 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 A worker 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. Labor Law of the People's Republic of China Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) the employee is proved to be ineligible for jury employment during the probationary period; (2) Seriously violating labor discipline and regulations or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

  10. Anonymous users2024-01-28

    Hello, I have been working in the company for a year and one month, and the company fired me, and I should be compensated for a few months.

    Hello, happy to answer for you. If the contract is terminated illegally, the compensation shall be paid according to the double compensation standard, that is, 3 months' salary. Hope it helps you and I wish you happiness and happiness every day! 欄欄

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