The company terminated the contract on the grounds that my original position was not needed, can I c

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an 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 won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

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 employer requiring 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.

1. If the contract has not expired and the company proposes to dismiss you without reason, it is illegal to dismiss you, and you can ask the company to pay double the compensation, which is the compensation for six months' salary, not the compensation; 2. If the contract is terminated through negotiation with the company, then the company can only pay you economic compensation and pay three months of salary compensation; 3. If you write your resignation, you must also write because of the reasons of Xiangque Company, and you must leave the company early or negotiate with the company to terminate the contract, otherwise you will not get any economic compensation, let alone 1 month's salary. Therefore, the company requires you to write that you can't write your own resignation, otherwise you won't be able to give any compensation at that time 4. It is recommended that you ask the company to issue a certificate of dismissal and pay you compensation, otherwise you will be required to continue to perform the contract when it expires. If the company does not cooperate, you can always file a complaint with the Labor Bureau about the company's illegal practices.

Legal analysis: If the company orally proposes to terminate the contract if the two parties agree through negotiation, the severance shall be paid to the employee according to the number of years the employee has worked in the unit, including 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.

Legal basis: Article 30 of the Labor Contract Law of the People's Republic of China Article 6 The employer and the employee may terminate the labor contract if they reach a consensus through negotiation.

In any of the following circumstances, the employee may receive severance if the labor contract is terminated:

The employer proposes to terminate the labor contract and meets one of the following conditions:

1.The labor contract is terminated by mutual agreement between the two parties;

2.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;

3.The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

4.Where there is a major change in the objective circumstances on which the labor contract is based has been concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation;

5.The employer is on the verge of bankruptcy and is undergoing statutory rectification, or serious difficulties arise in the operation of the property and needs to reduce the number of employees;

2. The employee proposes to terminate the labor contract and meets one of the following conditions:

1.The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

2.The employer fails to pay labor remuneration or provide working conditions in accordance with the provisions of the labor contract;

3.Other circumstances stipulated by laws and regulations.

According to Article 31 of the Regulations on Labor Contracts in the Shenzhen Special Economic Zone, "the standard of severance payment shall be calculated according to the employee's continuous service years in the company: one month's monthly salary shall be paid to the employee for each full year of congratulations; if it is half a year but less than one year, it shall be paid as one year; If it is less than half a year, half a month's monthly salary will be paid.

In accordance with Item 1 of Paragraph 1 of Article 19 of these Regulations, "the employee is incompetent for the job, and the employee is still incompetent for the job after training or job adjustment" and in accordance with Paragraph 1 of Article 30, "the labor contract is terminated by the employer and agreed by both parties through consultation", the severance payment shall not exceed 12 months' monthly wages.

The monthly wage in the preceding paragraph shall be calculated based on the average monthly wage of the employee in the three months prior to the termination of the labor contract.

The company's employees do not meet the job requirements, and the labor contract needs to be paid economic compensation, how to pay? If the company's employees do not meet the job requirements, they need to pay severance compensation for lack of appearance when they terminate the labor contract, how to pay it? The employer may terminate the employment contract but must give 30 days' notice to the employee and pay economic 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. 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. Article 40 of the Labor Contract Law stipulates that under 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:

1) The worker is sick or injured not due to work, and is unable to engage in the original work after the expiration of the prescribed medical treatment period, nor can he engage in the 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 labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation. Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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 payment of economic compensation shall not exceed 12 years. Do you understand this explanation?

As long as the employee's resignation procedures are legal, then the employer has no right to demand compensation from the employee. However, if the employee leaves the company without authorization and causes economic losses, then it is necessary to pay compensation, and the specific amount of compensation can be determined by both parties through negotiation, but the result of negotiation shall not be lower than the statutory compensation standard, if the amount of compensation paid by the party at fault cannot satisfy the unit, then the unit can file labor arbitration to protect its rights and interests. Article 46 of the Labor Contract Law.

Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee 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 the employee agrees to terminate the labor contract through consultation; (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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a 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.

Legal Analysis: If the employee is dismissed by the company, if the employee seriously violates the employer's rules and regulations or the employee has Article 39 of the Labor Contract Law, the employer does not need to pay economic compensation, but needs to pay the employee's legal wages in accordance with the law.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If the project contract is signed and the project is not renewed at the end of the project, compensation should also be paid according to the number of years of service.

Severance is required.

In this case, the company must pay compensation in accordance with the regulations.

1. It depends on the agreement on the job in your labor contract, if the position agreement is clear, the company has no right to unilaterally transfer the employee's position, the company should have a legitimate reason to transfer the employee's position, and the employee must reach an agreement through negotiation, otherwise the employee can not go to the new position, the employee can resign on the grounds that the company does not provide working conditions, and if he resigns, he has the right to ask the company to pay economic compensation and compensate you for one month for each year of work.

At the same time, if an employer adjusts an employee's job position and meets the following circumstances, it shall be deemed that the employer has lawfully exercised its right to employment, and the employee's request to terminate the labor contract and request the employer to pay economic compensation on the grounds that the employer has adjusted his or her job position without authorization shall not be supported

1) The adjustment of the worker's position is necessary for the production and operation of the employer;

2) The wage level of the worker after the adjustment of the job is basically the same as that of the original post;

3) is not insulting or punitive;

4) There are no other violations of laws and regulations.

2. However, if it is illegal for the company to unilaterally reduce your salary, you can resign on the grounds that the company has deducted your salary, and ask the company to pay compensation and compensate you for one month's salary for each year of work.

First of all, what is the reason for the termination of the contract, is it terminated when it expires, or is the contract not expiring? As for compensation, how is it written in the contract? These questions are clarified first.

Collect evidence and apply for labor arbitration.