On the issue of compensation for dismissal under the Labor Law

1 or 2 months, 3 months is not possible.

If the employer terminates the labor relationship with you (or dismisses you) in the following three situations, which situation should you pay severance or compensation but does not pay you, you can apply for free labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation:

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can 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 you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you 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, if you have not been notified 1 month in advance, you can also claim payment in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if you terminate the labor contract.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law, we have relevant laws and regulations in the field of labor law.

Legal analysis: Labor law compensation standard for dismissed employees: paid according to twice the economic compensation standard, the compensation is calculated according to the employee's years of service in the company, and two months' salary is paid for every full year; If the company does not pay, it will be applied for labor arbitration and sued in accordance with the law.

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

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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 in accordance with Article 87 of this Law.

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.

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.

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 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances:

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) In accordance with Article 44, Paragraph 4 of this Law

Paragraph 5 provides for the termination of the labor contract;

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

This friend, let me tell you about the compensation standards for employees who are dismissed without cause under the labor law: 1. If you do not sign a contract for delayed employment, the employer shall pay double wages (up to 11 months) from the second month, and 2. If you are dismissed for reasons by the company, you shall be paid at least one month's severance payment, and if you are dismissed without one month's notice, add another month. In case of illegal dismissal, severance will be paid twice, i.e., monthly compensation, severance compensation, compensation time, average salary for the 12 months before you leave the company (calculation of average salary:

It is the number of all wages payable in the current month, that is, the number before the deduction of personal insurance and provident fund. 3. If the negotiation fails, you can apply for labor arbitration, which is very simple: bring the labor arbitration application, a copy of your ID card, and relevant evidence, and then go to the local arbitration commission to apply for filing a case.

4. The key is that you need evidence of an employment relationship with the employer. For example, there is no tooling with the company's name, work card or work card (preferably with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, and one is enough to prove the labor relationship).

If the employer and the employee agree to terminate the contract through consultation, they shall pay compensation to the employee. However, if the employee does not violate the company's rules and regulations or is seriously derelict in his duties, and the employer takes the initiative to terminate the contract with the employee without giving 30 days' notice to the employee, it is required to pay double compensation according to the prescribed payment standard. That is, the standard of compensation is:

According to the number of years the worker has worked in the unit, the worker shall be paid the standard of two months of wages 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 a compensation of one month's salary.

Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of this law, it shall pay compensation to the employee in accordance with Article 47 of this Law, which is twice the standard of economic compensation.

Then the standard of 1400 a year will compensate you, and if you work for a year, you will make up for one month, and so on. In addition, one month's payment in lieu of notice will be added.

Of course, if the boss has no money, and the machinery and equipment are not valuable, it is useless to sue. It's better to get a little more affordable first.

Article 46 of the Labor Contract Law stipulates that if serious difficulties occur in production and operation (Article 41, Paragraph 1, Paragraph 2) and it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department; The labor contract may be terminated, and the employer shall pay economic compensation to the employee.

1. If you write and sign your resignation application, in principle, it will be regarded as voluntary resignation and there will be no compensation.

2. It is not right for the company to give you a basic salary compensation now. You should be given an average monthly salary equivalent to your previous job, plus a pending notice payment that you did not give you one month's notice, and a total of 2 months' wages should be compensated.

3. If you still don't know, you can call the labor inspection department of your company's district to report and complain.