Compensation standards for employees who are dismissed without cause without signing an employment c

1. Economic compensation shall be paid to the worker according to the number of years of service 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. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

2. If the unit is unilaterally dismissed without a legitimate reason, it needs to pay double the compensation according to the above standards.

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee 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.

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 the company dismisses the employee during the contract period, the compensation should be as follows:

Article 48 of the Labor Contract Law stipulates that 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.

First of all, you get a resignation certificate or a dismissal certificate. Do you have your signature?

If it is a signed certificate of resignation, you will not be compensated.

If the employer dismisses an employee in a manner that does not comply with the provisions of the law, it shall be deemed to have terminated the contract in violation of the law, and shall pay compensation at twice the amount of the severance payment. Article 82 of the Labor Contract Law and Articles 6 and 7 of the Regulations for the Implementation of the Labor Contract Law stipulate that if an employer fails to sign a contract after one month of employment, it shall pay twice the salary to the employee from the day after the completion of one month of employment, and if the employee is dismissed for less than one year, the payment shall be made until the day before the dismissal; If the employee is dismissed after one year, the payment shall be made until the day before the completion of the year, for a total of 11 months.

Legal Analysis: If the employee is dismissed without signing an employment contract, the employer is required to pay severance to the employee. The second is the loss of the employer's failure to pay insurance, and the dismissed employee can also apply to the employer for one month's salary as economic compensation.

They may also apply for labor arbitration or file a complaint with the relevant labor inspection department against the employer, but pay attention to retaining relevant evidence.

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 in order to establish a labor relationship. 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 labor 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.