How to claim compensation for being fired by the company, and how to compensate for being fired from

It depends on why you were fired by the company.

It is necessary to distinguish the reasons for dismissal, and the following reasons should all claim financial compensation.

1. The employer and the employee terminate the labor contract through consultation, 2. The employee unilaterally terminates the labor contract due to statutory reasons, 3. The employee is not at fault and the employer dismisses the employee, 4. The employer carries out reorganization and economic layoffs in accordance with the provisions of the Enterprise Bankruptcy Law, 5. Except where the employer maintains or improves the conditions of the labor contract to renew the labor contract and the employee does not agree to renew, the fixed-term labor contract is terminated after the expiration of the labor contract, 6. The employer is declared bankrupt in accordance with the law;

7. The business license of the employer has been revoked, ordered to close down, revoked, or the employer has decided to dissolve ahead of schedule;

8. Other circumstances stipulated by laws and administrative regulations.

Economic compensation: One month's salary is paid to the employee according to the number of years 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.

Legal basis: Labor Contract Law

Article 44 [Termination of Labor Contract] The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

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

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of 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.

If the employee is dismissed by the company, if the company illegally terminates the labor contract, the employee shall be compensated at twice the standard of economic compensation.

If an employer terminates the labor relationship (or dismissal or dismissal) with an employee in the following three situations, it can be compared to which of the circumstances, if the economic compensation or compensation should be paid but is not paid, it can apply for labor arbitration within one year to protect its legitimate rights and interests:

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, commonly known as 2n;

2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;

3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Article 1 of the Labor Contract Law.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

The compensation standards for dismissed employees are as follows:

1. The economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the employee shall be paid half a month's salary, which refers to the average salary of the employee in the 12 months before the termination or termination of the labor contract.

Article 47 of the Labor Contract Law stipulates that:

1. The economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the employee shall be paid half a month's salary, which refers to the average salary of the employee in the 12 months before the termination or termination of the labor contract.

4. Article 46 of the Labor Contract Law stipulates that if the employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.