What should I do if I fire an employee, but don t want to spend a penny

If the employer dismisses the employee without cause, the employee may apply for labor arbitration and request the employer to pay compensation for the illegal dismissal.

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

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.

If he is transferred, he will not be able to bear it. You can ask Hu Changle, a lawyer in Xi'an.

When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal. Specifically: First, if an employee is dismissed without cause, the employer needs to pay double the economic compensation.

Second, if an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. Third, the unit needs to pay economic compensation for the economic layoffs and dismissal of employees. Fourth, if the employee seriously violates the company's discipline, the employer does not need to pay compensation.

Fifth, there is no financial compensation for dismissal during the probationary period on the grounds that they do not meet the employment requirements.

If the employer in charge does not want to use a certain worker, the best solution is to negotiate a settlement, give the worker a certain amount of buffer time, and pay part of the economic compensationThis is the most advantageous;

2. Negotiate the termination of the labor contract, and pay one month's salary for one year of work, if it is illegally terminated, the employee can apply for labor arbitration to claim compensation, then one year of service can claim compensation of two months' wages;

3. The employer may terminate the labor contract without paying any compensation only if the employee is in existence with Article 39 of the Labor Contract Law.

IV. Legal basis: Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

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

2) Serious violation of 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 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;

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

Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent 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 the workers, it may reduce the number of personnel after reporting the personnel reduction plan to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, or after the change of the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

The enterprise may terminate the employment relationship with the employee through negotiation, and if the enterprise dismisses the employee without cause, it is required to pay a certain amount of economic compensation. However, if the employee has any of the following circumstances, the employer may not pay compensation for the dismissal of the employee.

In accordance with the Labor Contract Law

Article 39 The employer unilaterally terminates the labor contract (negligent dismissal).

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

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

2) Serious violation of 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 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;

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

Article 26 The labor contract shall be invalid.

The following employment 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;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

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 arbitration institution or the people's court.

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 stipulated in Article 47 of the Labor Contract Law.

When you leave your job, you need to apply a month in advance, and you have to have a valid reason, and when you are fired, you can't lose money in a proper manner? You said that you have to leave if you ask people to go, so if the employee can't find a suitable job next month, he will go to drink?

Then the attitude towards the employee is a little worse, let him say that he will not do it.

There are two ways to solve the problem: 1. When you are ready to be a villain, the first step is to transfer the position and transfer one.

The post that makes him more uncomfortable is not dead or alive. Generally speaking, people with more self-esteem will voluntarily quit their jobs. 2. Make a performance appraisal, and then let his direct leader write an opinion, write the score very poorly and then deduct money.

Thank you for the trouble to adopt!

If this is the case, you can mediate first, arbitrate if the mediation is not agreeable, and use the law if you don't drink again.

Yes, in the following cases.

Labor Contract Law

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 they do not meet the employment requirements;

2) Serious violation of 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 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;

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

Hello! Dismissal of an employee, but not wanting to spend a penny, can only be achieved if the "Employment Contract" signed between the employer and the employee happens to expire. If the Employment Contract has not expired and the employer unilaterally dismisses the employee, it must pay compensation.

The amount of compensation is calculated according to the amount of one month's salary given to the employee for each year of service by the employer. If it is less than one year and more than six months, it will be calculated as one year, and if it is less than six months, it will be calculated as half a year. Thanks for reading!

It's not easy to work part-time, why bother with too dark hearts?

Have you signed the contract? How many months have I been working, how long is the probationary period, and how long has the company been established?

If you didn't sign it, is there any physical evidence that shows that he worked there? For example, the salary card, the daily clock-in record or something, must be physical evidence, if you just pull someone to prove that you go to work every day, it is useless.

If there is, it will be directly arbitrated, and it will definitely win.

Well, I didn't see it clearly, the company is not a company at all if it doesn't have a business license, and the labor department of the company really can't manage it.

Even if he has a business license, if he moves to another place, the labor department can't find it, and it will be very troublesome.

You can only sue him for illegally recruiting workers without a business license. But that's a problem.

If you sue, it will be civil, you have to pay for it yourself, the court, the lawyer will have to spend money, and you can only get the money he compensates if you win, and I still don't know if he will pay it or not.

Or you go and report him for opening a company without a business license. But if he has a way to do it, it's useless, and even if he succeeds, you still won't get your money back.

It's hard to do.