Forcibly dismiss an employee without cause 10

If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the company's request for you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

Give money and flash people, and don't leave a master here.

What should I do if I forcibly dismiss an employee without reason? What should I do if I forcibly dismiss an employee without reason? 1. If the company dismisses you without legal reasons, it is illegal to terminate the labor relationship, and according to the provisions of Article 87 of the Labor Contract Law, if the employer dissolves or terminates the labor relationship in violation of the provisions of this Law, it shall not only pay the wages in full, but also pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.

In accordance with Article 25 of the Regulations for the Implementation of the Labor Contract Law, the calculation period of the compensation shall be calculated from the date of employment. 2. If the employer does not sign a labor contract with you, which is an illegal act, you can 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 in accordance with the provisions of Article 82 of the Labor Contract Law. 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. When the settlement is settled through labor arbitration, the employer may also be required 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. Do you understand this explanation?

Legal analysis: If the employer dismisses the employee without cause, it is an illegal termination, and the employee can apply for labor arbitration to demand continued performance or pay compensation, and the compensation standard is 2 months' wages for every full year, and one month's salary for the part that is more than 6 months but less than 1 year will be counted as one year, and one month's salary will be paid for the part that is less than 6 months. Suppose you have worked for 2 years and 2 months, then you should be compensated for 5 months' wages.

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

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:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 43 Where an employer unilaterally terminates a labor contract, it shall notify the labor union of the reasons in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

Dismissal without cause refers to the dismissal of an employee without consensus between the two parties and the absence of fault on the part of the employee, and the consequences of dismissal without reason are: the employee should be paid economic compensation, that is, 2 months' salary for every year of work; Employees who have not been notified in advance can also request one month's salary as payment in lieu of notice; If the employee falls under the circumstances specified in Article 39 of the Labor Contract Law, the employer and the employee terminate the labor contract without paying any severance or notifying the employee in advance.

1. Relevant legal basis.

Article 39 An employer may terminate a labor contract under any of the following circumstances:

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

2) Serious violations of the employer's rules and regulations.

3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 after being proposed by the employer.

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 are disturbed and empty-handed are to be pursued for criminal responsibility in accordance with law.

2. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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 the employee agrees to terminate the labor contract through consultation;

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) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

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

3. Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's 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.

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.