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If the employer dismisses the employee without cause, the employee may apply for labor arbitration to request the employer to pay the employee's compensation, and the employer shall compensate the employee for one month's salary as compensation after working for two months.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 48 of the Labor Contract Law of the People's Republic of China Where 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 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.
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I think you have just arrived at the company, from your comprehensive image and quality, professional skills and other aspects may not be in line with the needs of the employer, and even the employer thinks that there is no development and training value, naturally to dismiss, so you yourself will think that there is no reason to fire, this is all the company employs, retain, cultivate people, the common phenomenon, but also the inevitable development of today's society, so, I advise friends that there is always a place for heroes in the world, there is no place in the world that does not raise people, since the dismissal, do not have pressure, do not complain, Go out boldly according to your life goals and start all over again! Good luck!
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If the employment contract is terminated with reason during the probationary period, it is reasonable. However, if it has been regularized, the company needs one month's notice in advance and half a month's salary will be compensated if the dismissal has been made without cause.
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Apply for arbitration at labor arbitration.
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Legal analysis: If the employee works for two months and is dismissed without signing the labor contract, the employee can request the employer to pay double the salary for the unsigned labor contract, and the employee can request the employer to pay double the salary for the unsigned labor contract (starting from the second month of employment, up to 11 months) and compensation for illegal dismissal, calculated from the date of the employee's resignation, and the labor arbitration statute of limitations is one year.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. Counts.
Article 38 An employee may terminate a labor contract under any of the following circumstances:
1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) Failure to pay labor remuneration in full and in a timely manner, (3) Failure to pay social insurance premiums for the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.
If an employer forces an employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:
1) During the probationary period, it is proved that the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects 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 has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer, (5) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the labor contract is investigated for criminal liability in accordance with law.
Article 40 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:
(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.
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1. If the employer dismisses or terminates the labor contract in violation of the provisions of Article 87 of the Labor Contract Law, the employer shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law. Article 47 stipulates that economic compensation shall be paid to the laborer at the rate of one month's salary for each full year of 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.
The calculation of severance shall be in accordance with Article 25 of the Regulations for the Implementation of the Labor Contract Law, and if the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law and pays compensation in accordance with Article 87 of the Labor Contract Law, the severance shall not be paid. After the promulgation and implementation of the Labor Contract Law on January 1, if the employer does not sign a labor contract with you, which is an illegal act, you may, in accordance with the provisions of Article 82 of the Labor Contract Law, claim twice the salary from the employer if you have not signed a written labor contract with the employee for more than one month but less than one year from the date of employment.
3. The above requirements of the company will not be easy to give you, only to the labor arbitration department to apply for arbitration (no fee), through the award issued by the labor arbitration, to the unit to claim, if the company does not pay, can also apply to the court for enforcement. 4. If the company does not pay the above-mentioned expenses, it can also require the employer to pay you additional compensation according to the standard of 50% to 100% of the amount payable in accordance with the provisions of Article 85 of the Labor Contract Law. 5. According to Article 6 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, the main responsibility for the presentation of evidence in labor dispute cases lies with the employer, and the employer will be ordered to present relevant evidence, so you don't have to worry.
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This question is up to me, it takes a little time to type, so please be patient
1. It is not illegal to sign a labor contract within one month of employment, but only to sign it within one month, and if it is not more than one month, then the labor contract is not compensated and supported. 2. During the probationary period, if the unit dismisses the employee for not meeting the employment conditions, there is no economic compensation, and if it is dismissed without reason, it is necessary to pay double the compensation of economic compensation. The key point is whether there is evidence that the employee does not meet the employment requirements.
If there is no compensation, if there is no evidence, compensation is required.
I hope the above is helpful to you, if you are satisfied with me, please give a thumbs up. Thank you.
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If you are dismissed before becoming a regular employee, you must first negotiate and communicate with the company's personnel, and if the company dismisses you without reason, you need to show evidence that it is your fault or incompetence for the job, otherwise you need to be compensated;
Secondly, sort out the attendance records and information in the company group, and bring the labor contract to the labor center for arbitration.
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First of all, you need to understand the reasons why you were dismissed, ask the leaders of the company, if it is your own reason, then it is normal for the company to dismiss you, if you are dismissed for no reason, then you can go to arbitration.
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There will be a probationary period for every new unit and new position, and if you have not passed the probationary period for more than a month, then the unit can dismiss you. But the salary unit during the working period should give you a lot of money.
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You can claim half a month's compensation and one month's five insurances.
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If the other party violates the labor contract, you can appeal to the labor department
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If you have been working for more than a month, you should still be in the probationary period, which means that you feel inappropriate during the probationary process, so continue to look for a job.
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Defend your rights! You cannot dismiss で without cause
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I've been working in the company for three months, and I was suddenly fired, what should I do?
I've been working in the company for three months, and I was suddenly fired, what should I do? Hello dear, If you are dismissed without reason for 3 months after joining the group, the labor can request the employer to pay economic compensation, but because the work is less than half a year, you can only ask for half a month's salary. I hope it can help you, if my answer is helpful to you, please give a like (comment in the lower left corner), look forward to your like, your efforts are very important to me, and your support is also the driving force for my progress.
Finally, I wish you good health and a good mood!
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Legal Analysis: If an employer dismisses an employee without cause, the employee may apply for labor arbitration to request the employer to pay compensation, and the employer shall compensate the employee with one month's salary as compensation after working for two months. If the employment contract is terminated with reason during the probationary period, it is reasonable.
However, if it has been regularized, the dismissal of the unjustified clan requires one month's notice from the public bend division and half a month's salary. Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China Where 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 worker 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.
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