Can a terminated employee claim compensation, and does a dismissed employee need compensation

Whether an employee is dismissed by the employer and whether compensation or compensation should be paid is 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 may 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 compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, 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.

This is a legitimate, reasonable and reasonable demand, and of course it can be.

Can an employee who is fired by the company get compensation?

Legal Analysis: 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 any circumstances stipulated by the relevant laws, it can be determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract under the relevant laws and regulations, and compensation should be paid, that is, 2 months' salary for every year of work, commonly known as 2n. If the employee proposes to terminate the employment relationship under the relevant laws and regulations, he or she does not need to pay any economic compensation or give advance notice; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

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

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Ji Xun who has been pursued for criminal responsibility in accordance with law.

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and handle the formalities for the transfer of files and social insurance relations for the labor department within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Whether or not an employee is required to pay compensation depends on the specific circumstances.

The Labor Contract Law stipulates that if an employer terminates the labor relationship in accordance with Articles 36, 40 and 41 of this Law, it shall pay economic compensation.

Article 47 stipulates that economic compensation shall be paid to the worker according to the number of years of service in the employer and the rate of one month's salary for each full year. If it is more than six months but less than one year, it will be counted as one year.

Summary. Hello dear, <>

If the employer dismisses the employee due to gross fault, it does not need to pay compensation, but it needs to settle the salary for the employee. Gross negligence includes serious violations of the rules and regulations of the employer; failed to pass the test of the unit during the probationary period; and those who have been pursued for criminal responsibility in accordance with law.

Do I need compensation for terminating an employee?

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If the employer dismisses the employee due to gross fault, it does not need to compensate for the bridge, but it needs to settle the salary for the employee. Gross negligence includes serious violations of the rules and regulations of the employer; failed to pass the test of the unit in the probationary period; and those who were investigated for criminal responsibility by the law.

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Under China's Labor Law, an enterprise shall pay economic compensation in accordance with the law when it terminates the labor cooperation department. The standard of economic compensation shall be determined according to the employee's length of service and basic salary, and shall not exceed three times the average monthly salary of the city's employees in the previous year.

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According to Article 36 of the Labor Contract Law of the People's Republic of China, the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 39 of the Labor Contract Law of the People's Republic of China If a worker falls under any of the following circumstances, the employer may terminate the labor contract: (1) It is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

No, the employer does not need to pay compensation for the dismissal of the employee.

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

2. Seriously violating the rules and regulations of the employer.

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer.

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer.

5. The labor contract is invalid.

6. Being pursued for criminal responsibility in accordance with law.

1. Is dismissal the same as dismissal?

1. Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee for some reason. According to the different reasons, it can be divided into dismissal in violation of discipline and normal dismissal (dismissal in violation of discipline refers to a kind of administrative measures for the employer to forcibly terminate the labor relationship in accordance with the law for employees who have seriously violated labor discipline or internal rules of the enterprise, but have not reached the level of dismissal or dismissal). Normal dismissal refers to a measure taken by an employer to terminate the labor relationship with an employee in accordance with the production and operation conditions and the situation of the employees, and in accordance with the national and local policies and regulations on changing the operating mechanism of the enterprise and relocating redundant personnel in the process of reform.

2. Dismissal refers to the most severe punishment imposed by an employer on an employee who has seriously violated labor discipline, undermined rules and regulations, caused major economic losses, or committed other violations of law and discipline and has repeatedly failed to change his or her discipline.

2. How to count as illegal dismissal.

1. Any dismissal without cause is an illegal termination of the labor contract, and it is necessary to bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.

2. If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law, the legal liability shall be to pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of the Labor Contract Law, that is, the employer shall pay the employee two months' wages for every full year of the employee's service in the employer. However, if the employee's working years in the unit are less than one year, it shall be counted as one year; If the employee has worked for the employer for more than 10 years and 2 years, the maximum number of years for which the employer has paid severance to the employee shall not exceed 12 years. If the monthly wage of a worker is three times higher than the average monthly wage of an employee in the previous year in the municipality directly under the Central Government or city divided into districts where the employer is located, the employer shall pay the employee six times the average monthly wage of the employee in the previous year in the municipality or city divided into districts where the employer is located. It should also be noted that the term "monthly wages of employees" here refers to the average wages of employees in the 12 months prior to the termination or termination of the employment contract.

The compensation rule for dismissal of employees is that if an employer illegally dismisses an employee, it shall compensate for twice the standard of economic compensation.

The employer shall compensate the employee for two months' wages for each full year of service in the unit, one month's salary for less than half a year, and one year for less than half a year.

Compensation for dismissal of employees

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. If it is more than six months but less than one year, it will be counted as one year. If it is less than six months, the worker shall be paid economic compensation of half a month's salary.

2. 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 to be paid to him shall be three times the amount of the average monthly salary of the employee, and the maximum period of economic compensation 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.

3. 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 this Law. <>