What kind of compensation should I get if I am dismissed by my boss without reason?

Remember these three points, the company fires you without cause and allows you to get double compensation.

Legal Analysis: 1. In the case of no labor contract, the employer shall pay double the salary compensation. The specific time is:

Double wages for 11 months from the first month of employment to 11 months after one year of employment. After one year, it is legally deemed that the two parties have entered into an indefinite term employment contract. 2. If an employer dismisses an employee without cause, it shall pay double the severance payment.

That is, for every year of service, the employer shall pay two months' wages as economic compensation.

Legal basis: According to the first paragraph of Article 16 of the Labor Law of the People's Republic of China (hereinafter referred to as the "Labor Law"), a labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. According to this agreement, workers join enterprises, individual economic organizations, public institutions, state organs, social organizations and other employers, become a member of the unit, undertake certain types of work, positions or duties, and abide by the internal labor rules and other rules and regulations of the unit; The employer shall arrange the work of the hired workers in a timely manner, pay labor remuneration according to the quantity and quality of the labor provided by the employees, and provide necessary working conditions in accordance with the provisions of labor laws, regulations and labor contracts, so as to ensure that the employees enjoy labor protection, social insurance, welfare and other rights and benefits.

Do one year's compensation for one month's salary, and do n years, you will be compensated for n+1 month's salary.

If you don't make a mistake or not, if the boss deliberately dismisses you, you can go to the labor department to complain, so you will get a very ideal compensation.

If the employer dismisses the employee without cause, the employer shall pay severance unless the employee meets the requirements of Article 39 of the Labor Contract Law.

If the employee is not at fault and the employer dismisses the employee, the employer shall pay severance compensation. Forget.

The boss resigns suddenly, of course, the employee is also compensated, and in some places there is unemployment compensation, if it is true that the enterprise does not exist, then there will be some compensation for everyone.

If the employee is dismissed by the boss for reasons not attributable to him/her, she will be treated according to the labor law and will receive three months' compensatory wages.

Legal dismissal, which requires the payment of compensation.

The compensation is based on the average salary of the previous three months, multiplied by the number of years of service plus one.

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Whether an employee should be compensated or compensated if he or she is dismissed (dismissed, dismissed, or fired by the employer) by the employer can be roughly divided into the following four situations: 1. If the employer terminates the labor relationship with the employee without any legal reason, does not pay economic compensation or fails to perform legal procedures, 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 falls under the circumstances of illegal termination as stipulated in Article 87 of the Labor Contract Law, and compensation should be paid. The standard is to pay 2 months' salary for each year of service, commonly known as 2n; 2. If the employer terminates the labor relationship with the employee in accordance with the circumstances specified in Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the provisions of Article 46 of the Labor Contract Law, it shall pay the employee severance payment, that is, one month's salary for each year of work. 3. If the employee complies with Article 40 of the Labor Contract Law and fails to notify the employee in writing one month in advance, in addition to the severance payment, one month's salary shall be paid as notice in lieu of notice, totaling n 1; 4. If the employer proposes to terminate the labor relationship under the circumstances specified in Article 39 of the Labor Contract Law, it does not need to pay any economic compensation or notify the employee in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year 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. 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.

Questions. Hello! How many years is the maximum compensation? Or how many years to compensate!

No more than 12 years.

The above regulations are clearly written.

The dismissal of an employee by a company requires legal reasons and legal procedures, and different grounds for termination will lead to different termination compensation.

Start by understanding the common statements and algorithms of compensation standards:

n: Severance payment, which is the average salary of the employee in the 12 months before the employee's employment.

1: In lieu of notice, the company will dismiss the innocent employee without 30 days' notice, and pay one month's salary as compensation.

2n: Compensation for illegal termination, the company illegally terminates the labor contract, and pays twice the economic compensation.

If the employee's monthly salary is three times higher than the local average wage, the employee shall be paid three times the local average wage, and the maximum shall not exceed 12 months.

According to the provisions of the labor law, if the employee is dismissed without cause, he or she needs to pay compensation for 2 to 3 months' salary, which must be compensated.

If the employee is dismissed by the boss, the compensation method shall be according to the employee's salary compensation for every year of service in the company; if it is more than half a year but less than one year, it shall be calculated as one year; If it is less than half a year, the company shall give compensation for half a month's salary. However, it must be dismissed without fault before there is compensation.

Interim Provisions on Payment of Wages".

Article 16. If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.

However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Labor Contract Law

Article 48.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it;

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 twice as much as provided for in Article 87 of this Law.

Labor Contract Law

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.

1) One month's salary shall be paid for each year of service, and if the work is more than six months but less than one year, it shall be calculated as one year; If the employee has worked for less than six months, half a month's salary shall be paid to the employee;

2) The maximum number of years for which economic compensation can be paid to employees is not more than 12 years. If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the prescribed economic compensation standard.

2. Legal basis: Article 87 of the Labor Contract Law of the People's Republic of China.

Legal Liability for Breach of Dissolution or Termination of Labor Contract] If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

If the company dismisses the employee without cause, it shall pay twice the economic compensation to the employee in accordance with the provisions of the termination of the labor contract between the company and the employee, and according to the standard of economic compensation. According to the relevant laws and regulations of China, if the company terminates the labor contract, it shall pay economic compensation according to the employee's working years in the company, and pay one month's economic compensation for one year of service, and two months' economic compensation if the employee is dismissed without cause.

The compensation for innocent dismissal by the company is as follows:The compensation for dismissal is twice the amount of compensation paid to the employee according to the standard of economic compensation, that is, the employee is paid two months' salary for every full year according to the number of years of service in the employee's own unit.

If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the employee shall be paid one month's salary.

According to Article 17 of the Company Law, the company must protect the legitimate rights and interests of employees, sign labor contracts with employees, participate in social insurance, strengthen labor protection, and achieve safe production. The company should adopt a variety of forms to strengthen the vocational education and job training of the company's employees to improve the quality of employees.