If you are dismissed from the company with a criminal record, is there any financial compensation?

The employee's criminal punishment history is the employer's right to know, and whether the employee has been fired because he has been imprisoned depends on whether the employer is informed when he or she joins the company.

If the employee is truthfully informed that he has been imprisoned, the employer may claim to continue to perform the contract, or it may claim double the economic compensation, that is, compensation of two wages per year for the years of service in the employer.

If the employee conceals that he has been imprisoned when he joins the company, and it is a fraudulent means to make the other party conclude an employment contract contrary to his true intentions, the employer shall not only not compensate for the dismissal, but shall compensate the employer for its losses.

Legal basis. Labor Contract Law

Article 8 When an employer recruits a worker, it shall truthfully inform the worker of the work content, working conditions, work location, occupational hazards, production safety status, labor remuneration, and other information that the worker requires to know; The employer has the right to know the basic information of the employee directly related to the labor contract, and the employee shall truthfully explain it.

Article 26 The following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

Article 86 Where a labor contract is confirmed to be invalid in accordance with the provisions of Article 26 of this Law and causes damage to the other party, the party at fault shall be liable for compensation.

Criminal Law of the People's Republic of China

Article 100: [Criminal Record Reporting System]Persons who have received criminal punishments in accordance with law shall truthfully report to the relevant units that they have received criminal punishments when they enlist in the military or are employed, and must not conceal them.

Persons who were under the age of 18 at the time of the crime and were sentenced to up to five years imprisonment are exempt from the reporting obligations provided for in the preceding paragraph.

Having a criminal record in the company is not a legal ground for dismissal.

Therefore, if he was released from prison on December 8, 2006 and has been working for 12 years and 9 months since he started work on December 5, 2007, and has not made any mistakes since he went to work, if he is dismissed by the company only because of his criminal record, he is suspected of illegally terminating the labor contract and shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.

That is, if you have worked for 12 years and 9 months, you can get 26 months' salary.

It is a labor dispute and can be resolved by applying for labor arbitration.

There is a criminal record has been dealt with, from 07 years of work to the present no fault, the company to have a criminal record was innocent dismissal, the company is unreasonable, the company takes the initiative to dismiss employees must compensate employees for each year of service one month of wages, limited to 12 months, the company does not pay compensation, you can apply to the local labor department for labor arbitration, you are the reasonable party, will definitely win.

If the crime is committed during the employment period and is found guilty by the court, the employer may terminate the labor contract.

If the previous criminal record is used as the reason for termination, it is an illegal termination, and the unit shall pay compensation for the illegal termination.

Legal analysis: Having a criminal record is not a legitimate reason for the company to dismiss an employee, which has no legal basis and is generally an illegal dismissal. However, if the company has clearly asked the employee whether he has a criminal record or the company's rules and regulations to guess the requirements of Pei Bu when hiring the employee, and tells him that he must make a truthful statement, otherwise it is a fraud situation that can be dismissed.

However, if the employee does not make a truthful statement at this time, then the company's dismissal does not necessarily constitute an illegality. Every worker has the right to equal employment, which is a basic right of workers, and even those who have a criminal record are no exception.

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

Article 39 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 employment during the probationary period, (2) Seriously violates the rules and regulations of the employer, (3) Seriously derelicts his duties, engages in malpractice, and causes major damage to the employer, (4) The worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request (5) Where the labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, (6) criminal liability is pursued in accordance with law.

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

Article 26 The following labor contracts are invalid or partially invalid: (1) by means of fraud, coercion or taking advantage of the danger of others, so that the other party concludes or modifies the labor contract contrary to its true intentions; (2) The employer exempts itself from statutory responsibilities and excludes the rights of workers; (3) Violating mandatory provisions of laws or administrative regulations. If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute adjudication agency or the people's court.

As we all know, if an employee commits a crime during the work period, the company can legally dismiss him and does not need to pay economic compensation. Because the character and behavior of employees will inevitably affect the interests of the company, and even the safety of the lives and property of other employees, the general enterprise will not be soft after discovering that employees have illegal and criminal behaviors. However, if an employee has committed a crime before working and has been criminally punished, and is later discovered by the company, can the company legally terminate the employment contract with the employee?

If a person with a criminal record deliberately conceals the fact that he has committed a criminal record when signing the employment contract, the employer may unilaterally terminate and dismiss the employee "due to the invalidity of the employment contract signed by the other party".

In accordance with the Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1. Regret of the disadvantages) during the probationary period proves that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

If the employee is dismissed by the company for a criminal offense without compensation, the employer does not need to pay compensation for the dismissal of the employee as follows:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid;

6. Those who have been investigated for criminal responsibility in accordance with law.

The main criminal offenses include:

1. The subject of the crime. is a person who commits a criminal act. For every crime, there must be a criminal subject, some crimes are committed by one person, and the subject of the crime is one person, and some crimes are committed by several people, and the main body of the crime is several people.

According to the provisions of the Criminal Law, where a company, enterprise, public institution, agency, or group commits a crime, it constitutes a crime committed by a unit, and therefore, the unit can also become the subject of the crime;

2. The subjective aspect of the crime. It is the psychological state that the criminal subject has about the criminal acts he or she has committed and the consequences of them. There are two kinds of mental states in the subjective aspect of crime, namely intent and negligence.

For example, if the offender commits the crime of theft, the offender wants to steal other people's property for himself; The crime of intentional injury is committed in which the offender wishes to cause bodily harm to another person. Some crimes are negligent in nature, such as the crime of arson, in which the offender has a state of mind of negligence. In the case where a unit constitutes a crime, the personnel responsible for the criminal conduct of the unit also have a subjective state of suspicion;

3. The objective aspect of the crime. Refers to the specific manifestation of a criminal act. For example, in the crime of fraud, the offender has the act of fabricating facts and deceiving others, and the crime of drug trafficking has the act of selling drugs, etc.;

4. The object of the crime. It is a social relationship that is protected by criminal law and violated by criminal acts. The object of the crime is the object of the crime, such as homicide and injury, the object of the crime is the specific victim, and the object of the crime refers to the social relationship that the personal rights of citizens protected by the criminal law are not illegally infringed.

Legal basis.

Article 39 of the Labor Contract Law of the People's Republic of China.

Circumstances in which the employer does not need to pay compensation for the dismissal of the employee:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid;

6) Those who have been pursued for criminal responsibility in accordance with law.

For example, if the employer wants to fire you, the employer must produce evidence to prove that you have "seriously neglected your duties, engaged in malpractice for personal gain, and caused significant damage to the employer".