How to compensate the employer for terminating an employee without reason without signing an employm

1. If the employer dissolves or terminates the labor contract 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. The calculation of severance shall be in accordance with Article 25 of the Regulations for the Implementation of the Labor Contract Law, and the calculation period of 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. In the case of settlement 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.

It is illegal for an employer to fail to sign a labor contract with an employee for more than one month from the date of employment, and the employer shall pay the employee double wages for the period from the day after the employee has completed one month to the day before the labor contract is re-concluded, up to a maximum of 11 months, and shall sign the labor contract in a timely manner.

If the employer unilaterally terminates the labor contract in violation of the law, the worker may request the employer to continue to perform the contract, but if the employer is not required to continue to perform the contract, the employer shall pay compensation according to the number of years of service of the employee in the employer, and the employee shall be compensated with one salary for each full year of service in the previous unit, and one year shall be counted as one year if the previous employee of the unit is counted as one year, and then two months' wages for each full year of service in the unit, one month's salary for less than half a year, and two months' wages for less than half a year.

If the employer dismisses the employee in violation of the law, the employee may apply for arbitration

1. Continue to perform the labor contract;

2. If you are unwilling to continue to do it, you can claim double compensation;

3. If it is dismissed by short notice, you can also claim one month's salary in lieu of notice!

Legal analysis: The wages for calculating severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piecework wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

1. How to compensate for dismissal without signing a labor contract.

1. Employees who are dismissed without signing a labor contract can be compensated according to the following standards:

1) Economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's service in the unit;

2) If it is more than six months but less than one year, it will be counted as one year;

3) If it is less than six months, the economic compensation of half a month's salary shall be paid to the laborer;

4) If the unit unilaterally dismisses without a legitimate reason, it is necessary to pay double the compensation from the second month of the standard.

2. Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China.

Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] 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 in accordance with Article 87 of this Law.

Article 87.

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.

2. Can I leave my job at any time without signing a labor contract?

If you do not sign an employment contract, you cannot leave your job at any time. The analysis is as follows:

1. If an employee wants to terminate a labor contract, he or she shall fulfill the obligation to notify in advance;

2. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period;

3. After the employee becomes a regular, he or she may notify the employer in writing 30 days in advance, and the labor contract may be terminated;

4. If the employee resigns directly without prior notice, the employer shall be paid for the losses caused.

If the company does not sign a contract to compensate the employee, the employee can request the employer to pay double wages, but the maximum salary cannot exceed 11 months.

When a worker joins the company, the labor relationship was originally concluded on the day of employment, and if you miss a large unit, you should sign a labor contract, but you have not signed it, depending on whose reason, whether it is the reason of the unit or the reason of the employee, and it should be divided into time periods. First, if the unit does not sign within a month, there is no punishment for the unit; Second, from one month to one year, if the unit does not sign, the unit will give double salary, up to 11 months; Third, after one year, if the unit does not sign the return to Luzhi due to the unit's reasons, it is directly presumed that it has signed an indefinite contract with the unit, and the unit still has to pay double the previous salary.

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

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Summary. If an employee is dismissed without a labor contract, he or she will receive the following compensation: the employer will pay twice the salary for more than one month from the date of employment; If the employment date exceeds one year, it shall be deemed to have signed an indefinite-term labor contract, and the employee shall be paid twice the monthly salary from the date on which the indefinite-term labor contract shall be concluded; If the dismissal is non-negligent, the employer shall pay economic compensation; If the dismissal is illegal, the employer shall pay double the compensation; Other.

If an employee dismisses without a labor contract, he or she will receive the following compensation: the employer will pay twice the salary for more than one month from the date of employment; If the employment date exceeds one year, it shall be deemed to have signed an indefinite-term labor contract, and the employee shall be paid twice the monthly salary from the date on which the indefinite-term labor contract shall be concluded; If the dismissal is non-negligent, the employer shall pay economic compensation; If the dismissal is illegal, the employer shall pay double the compensation; Other.

According to Article 82 of the Labor Contract Law of the People's Republic of China, if an employer fails to conclude a written labor contract with the worker for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract shall be concluded.

If there is no labor contract within one year of employment, double salary compensation from the second month of employment, and more than one year of employment shall be regarded as an indefinite contract, and whether there is compensation shall be determined by the reason for dismissal. 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 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating a 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.

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. If it is more than six months but less than one year, it shall be counted 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 higher than three times the average monthly wage of employees in the previous year as 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years.

The 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 82 If an employer fails to conclude a written labor contract with a dependent worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employee is dismembered without a labor contract, the employer shall pay compensation in accordance with Article 87 of the Labor Contract Law.

Article 48 [Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] 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 [Legal Liability for Violation of Dissolution or Termination of Labor Contract] Where 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.

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which the economic compensation shall be paid shall not exceed 12 years.

The 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.