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Fired from the company, Employee Compensation:
The employer shall pay severance to the worker, and the severance shall be paid to the worker according to the number of years of service in the employer, and one month's salary shall be paid to the worker 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 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.
In accordance with Article 40 of the Labor Contract Law, the company notifies the employee in writing 30 days in advance to terminate the contract and can receive economic compensation.
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If the employer terminates the employment relationship with you (or dismisses or dismisses you) in the following three situations, which of the circumstances should be paid to you but is not paid to you, you can apply for labor arbitration within one year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;
2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, you should also pay 1 month's salary in lieu of notice, n+1;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
Labor Contract Law: Article 1.
Article 19 of the Regulations for the Implementation of the Labor Contract Law.
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Look at the company's rules and regulations.
If you are in serious violation of the rules and regulations, then the company does not have to pay.
If not, according to the number of years you have worked 2 times the compensation.
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If your salary is more than three times the local minimum wage, then the company will have to compensate you at three times the local minimum wage, one month for one year of service, one month for half a year of work, one year for less than half a year, and half a month's salary for less than half a year.
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Whether there is compensation for the dismissal of the company's bad employees depends on the reasons and methods of dismissal, which are divided into the following three situations:
1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation should be paid, that is, 2 months' salary for each year of work, commonly known as 2n;
2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;
3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.
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was fired from the company, and the following problems must be clearly guessed.
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Don't understand what expulsion is? Not a penny.
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If you don't have a job mistake and the company fires you, then you can ask for labor compensation.
If the employee is dismissed by the company, if the company illegally terminates the labor contract, the employee shall be compensated at twice the standard of economic compensation.
1. There is no such thing as dismissal, only the termination of the labor contract. However, the termination of the labor contract must be in writing, and the termination of the labor contract by the enterprise in the form of oral notification is invalid. >>>More
No, first of all, the company is a public environment, and nothing can be solved by fighting, and secondly, any company will stipulate that it cannot be its internal contradictions, fighting is not a matter of two people, it will also have an impact between employees, and produce disharmony factors, so the company's dismissal is also reasonable, and your negative impact on the company is the most serious, you should think about your own problems, reflect on how to correct yourself, and face the future environment is.
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. >>>More
There are three types of situations in which the employer dismisses or terminates the labor contract: 1. If the employee falls under Article 39 of the Labor Contract Law, the employer is not required to notify the employee 30 days in advance and is not required 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 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. 3. 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.