The company dismissed me without compensation, and I had to deduct my salary, what should I do!!

If the employer terminates the labor relationship with you (or dismisses you) in the following three situations, which situation should you pay severance or compensation but does not pay you, you can apply for free labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation:

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, if you have not been notified 1 month in advance, you can also claim payment 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 you terminate the labor contract.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law, we have relevant laws and regulations in the field of labor law.

1. How to get the company to fire me and get compensation.

1. If the employee is forced to resign by the employer, or if the employer fails to provide labor protection or working conditions in accordance with the labor contract, fails to pay labor remuneration in full and in a timely manner, or other illegal circumstances, the employer may be required to pay economic compensation. If the employer dismisses the employee in violation of the law, the employee can claim compensation.

2. Legal basis: Article 47 of the Labor Contract Law.

Calculation of severance compensation] Severance compensation shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. If it is more than six months but less than one year, it shall be 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 compensation shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period 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 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. What information should the worker take after resigning?

1. Complete the work handover and sign the corresponding handover**.

2. Confirm the information of the completion of the handover of social security.

3. Certificate of resignation. At the same time, the labor handbook is stamped with a seal for the termination of labor relations.

4. If there is a non-compete agreement, it is also necessary to retain the signed non-compete contract.

As long as the employer does not renew the contract or terminates the contract, the employer needs to pay compensation to the employee as long as the fixed contract is not renewed after the expiration of the fixed period.

Compensation is an amount of compensation that is prescribed by law to compensate a person. If the employer requests to renew the employment contract with the employee, but the employee does not renew the employment contract with the employer, the employer does not need to pay severance to the employee. During the contract period, the employer or the employee shall terminate the labor contract with the other party one month in advance, and the severance shall be one month's salary for each additional year.

If the employer fails to provide labor protection or working conditions in accordance with the labor contract, fails to pay labor remuneration in full and in a timely manner, or other illegal circumstances, it may require the employer to pay economic compensation.

Legal basis

Labor Contract Law of the People's Republic of China

Article 38 [Unilateral Termination of Labor Contract by Laborer] Under any of the following circumstances, the employee may terminate the labor contract:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer. Article 42 [Circumstances under which an employer may not terminate a labor contract] An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law if a worker falls under any of the following circumstances:

1) Workers engaged in the lead industry that are exposed to occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2) Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Sick or injured not due to work, within the prescribed period of medical treatment;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

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

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.

There is no pie in the sky, I want to leave the company, and I want to get compensation.

Under normal circumstances, if the employee has not violated discipline seriously, the employer will not dismiss the employee casually. In order to receive the subsidy, the employee must not have serious disciplinary violations.

When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal.

If an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation. If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. The unit needs to pay economic compensation for the economic layoff and dismissal of employees.

If the employee seriously violates the company's discipline, the employer does not need to pay compensation. There is no financial compensation for dismissal during the probationary period because they do not meet the employment requirements.

Legal analysis: According to the relevant national laws, if an employee terminates the labor contract with the employer or dismisses the employee in other illegal circumstances, the employer shall pay the employee severance in accordance with the law. The severance shall be based on the number of years the worker has worked in the employer, and the employee shall be paid one month's salary for each full year.

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

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 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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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. If the monthly wage of a worker is three times higher than the average monthly wage of an employee in the previous year as announced by the people of the municipality directly under the Central Government or the city level 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 worker, and the maximum period of severance shall not exceed 12 years.

The term "monthly wage" as used in this article refers to the average wage of the person who works for the 12 months prior to the dissolution or termination of the labor contract.