How much should I be compensated for the dismissal of the factory

The probationary period is two months, and if you do not sign an employment contract, you should be paid double your salary for one month. and make up these two months of social security.

If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time without receiving a formal written notice (with the official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need 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 the circumstances are 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. Third, 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.

Pay attention to keep the written notice and handover list of the company's request for you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

Look at me above, and only after finding the content involved in the title of the book can you fully understand what I mean.

My Space has the legal provisions mentioned above, which you can check out.

1. If a worker is illegally dismissed by the factory, the factory shall compensate the worker according to double the economic compensation standard, that is, the factory shall pay the worker two months' salary as compensation for each full year of service in the factory. If you are dismissed because you have been seriously wrong, you will not be entitled to compensation.

2. Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China.

Severance 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. 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.

2. How to compensate the factory for work-related injuries.

Depending on the level of disability, the items of compensation are different. Work-related injury compensation items include: medical expenses, nursing expenses during hospitalization, wages during the suspension period, food subsidies, transportation expenses, room and board expenses, living care expenses, assistive device expenses, etc., which are determined according to the actual situation.

Constituted disability level: a lump sum disability benefit. Grades 1 to 6, those who retain the labor relationship will receive disability allowance on a monthly basis.

When the labor relationship is terminated from level 5 to 10: one-time medical subsidy for work-related injuries and one-time employment subsidy for disability. The specific standards shall be prescribed by the people of provinces, autonomous regions and municipalities directly under the Central Government.

1. Medical expenses and expenses for work-related injuries;

2. Hospitalization meal subsidy;

3. Transportation and accommodation expenses for medical treatment outside the overall planning area;

4. The cost of installing and configuring assistive devices for the disabled;

5. For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;

6. One-time disability subsidy and monthly disability allowance for disabled employees of grades 1 to 4;

7. One-time medical subsidy that should be enjoyed when the labor contract is terminated or dissolved;

8. In the event of a work-related death, the funeral subsidy, the pension for dependent relatives and the work-related death subsidy received by the surviving family members;

9. Labor ability appraisal fee.

For example, if the employee has worked for five years, the employee shall be compensated with five months' salary. Of course, if there is an illegal dismissal, not only compensation is required, but compensation is also required.

1. How to compensate the factory for the dismissal of employees?

The employer will compensate the employee according to the employee's working years, because the compensation standard for the termination of the labor contract is determined differently according to the length of the employee's working hours, and the economic compensation will be paid one month's salary for each full year according to the number of years of service, and if it is more than six months but less than one year, it will be calculated as one year; If it is less than six months, economic compensation of half a month's salary shall be paid. If a female employee is forcibly terminated from a labor contract during the breastfeeding period, she can receive two months' salary for each full year, and other economic compensation, social insurance, housing provident fund, etc. shall be implemented in accordance with relevant laws and regulations.

Dismissal before the expiration of the contract does not necessarily result in compensation. The employer may terminate the labor contract at any time if the employee falls under any of the following circumstances:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the interests of the employer;

4) Be investigated for criminal responsibility in accordance with the law.

An indefinite-term employment contract (commonly known as a long-term contract) can remain relatively stable in the labor relationship, and under normal circumstances, employees who have worked continuously for more than 10 years and have signed two consecutive labor contracts cannot be dismissed at will.

2. What are the circumstances under which an employee cannot be dismissed?

In order to dismiss an employee, the company must have a statutory reason and can only terminate the labor contract after fulfilling the obligation of 30 days' notice or paying the employee another month's salary in lieu of notice. Employees cannot be dismissed under any of the following circumstances:

1. Workers engaged in operations that expose occupational disease hazards have not undergone pre-departure occupational health examinations, or suspected occupational disease patients are during the period of diagnosis or medical observation;

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

3. Sick or non-work-related injury, within the prescribed medical treatment period;

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 stipulated by laws and administrative regulations.

In contemporary society, workers in our country are in a disadvantaged position, because there is often a dependent relationship between workers and employers, so the law attaches great importance to the protection of workers' rights and interests, for example, if the factory dismisses workers in violation of laws and regulations, it needs to be compensated or compensated.