Temporary workers begging for help, I was fired?

Under normal circumstances, wages are paid, but dismissal depends on whether there are such regulations in the company's regulations.

If you have not violated the labor contract or have been fired by the company without cause, you can file a complaint with the local labor inspection brigade and ask for compensation.

First of all, the contract was signed for three months, and you were fired in more than ten days, which is a breach of contract by Party A and not by Party B.

In other words, if the employer dismisses the worker, it is the employer who breaches the contract, and since the employer breaches the contract first, the subsequent matters in the contract are not binding on the worker.

Therefore, the employer must pay the worker according to the actual number of days worked, because the employer dismisses the worker, and the employer breaches the contract first, and the so-called constraint in the contract on how many days of not paying wages has become invalid with his breach of contract.

In this case, if he just doesn't pay his salary, he will win if he sues him directly.

It depends on whether you have signed a contract, whether you have violated the company system, etc., a lot, very troublesome, this thing is best to find a lawyer to show you, he will help you.

If you're fired for violating the terms of your contract, it's hard to say, and if they fired you without a valid reason, then they're in breach of contract. It is not legal to deduct your salary, and you can sue him.

According to the Contract Law, the written contract signed by both parties shall fulfill the contractual responsibilities, and the unilateral termination by the unit has constituted a breach of contract, and you can claim compensation, why should you deduct wages. Labor Arbitration **12333 to find out.

You should be paid as much as you are fired, and your salary cannot be deducted.

Legal Analysis: According to the current labor law and labor contract law in China, all employers and employees are in an employment contract relationship, and there is no distinction between temporary workers and regular workers, and each employer is obliged to sign labor contracts with all employees. Even if the employer hires the employee in a temporary position, the applicant can also request the employer to sign a labor contract, and request the establishment of various social insurance for the employee in accordance with the law and enjoy relevant benefits.

If an employee is dismissed by the employer without cause, the employee shall protect his or her rights and protect his or her legitimate rights and interests. **12333 is the national unified labor and social security supervision agency for consultation, reporting and complaints**.

Legal basis: Article 77 of the Labor Contract Law of the People's Republic of China If the legitimate rights and interests of a worker are infringed, he or she has the right to request the relevant departments to handle it according to law, or to apply for arbitration or file a lawsuit in accordance with law.

If the dismissal is legal, there is no compensation for the employee's statutory fault, and the rest shall be paid one month's salary severance according to the number of years of service in the unit, and the deferred compensation shall be paid twice the severance for illegal dismissal.

Severance refers to a one-time economic subsidy paid by the employer to the employee in accordance with the law when the labor contract is dissolved or terminated without fault of the employee.

1. The employee terminates the labor contract in accordance with the regulations;

2. The employer proposes to terminate the labor contract to the employee in accordance with the regulations and terminates the labor contract through consultation with the employee;

3. Except 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 regulations;

4. Terminate the labor contract in accordance with the regulations;

5. Other circumstances stipulated by laws and administrative regulations.

Legal basis

Labor Contract Law of the People's Republic of China

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract is based at the time of the conclusion of the labor contract, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after negotiation. Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

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, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Legal Analysis: No, the so-called "temporary workers" are also protected by the Labor Law and the Labor Contract Law, and cannot be dismissed at any time. Legally, the concept of temporary workers has been eliminated, so temporary workers also call this shirt "labor contract worker".

Regardless of whether a contract is signed or not, there is an employment relationship with the employer, and the employee cannot be dismissed at will. Since the implementation of the Labor Law in 1995, the concept of temporary workers has been legally eliminated, and the law requires employers to sign labor agreements with employees, regardless of the status of workers.

Legal basis: Article 16 of the Labor Law of the People's Republic of China An employment contract is an agreement between the employee and the employer to establish the labor relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded for the establishment of labor relations.

Legal analysis: The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented. The level of wages has been gradually raised on the basis of economic development.

The state implements macroeconomic regulation and control over the total amount of wages. Employers shall, in accordance with the characteristics of their production and operation and economic benefits, independently determine their wage distribution methods and wage levels in accordance with the law. The State implements a minimum wage guarantee system.

The specific standards for the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be put on record.

The law is based on: the Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

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 30 The employer may terminate the labor contract under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

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, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Legal Analysis: No, the so-called "temporary workers" are also protected by the Labor Law and the Labor Contract Law, and cannot be dismissed at any time. The concept of temporary workers has been eliminated by law, so temporary workers are also called "labor contract workers".

Regardless of whether or not a contract is signed, there is an employment relationship with the unit, and the employee cannot be dismissed at will. Since the implementation of the Labor Law in 1995, the concept of temporary workers has been legally eliminated, and the law requires employers to sign labor agreements with employees, regardless of the status of workers.

Legal basis: Article 16 of the Labor Law of the People's Republic of China A labor contract is an agreement between an employee and an employer to establish an employment relationship and clarify the rights and obligations of both parties. A labor contract shall be concluded in order to establish a labor relationship.

Summary. Hello, if you are dismissed by the employer without reason, you can negotiate with the employer first. If they are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

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Hello, if you are dismissed by the unit without reason, you can negotiate with the employer first. If they are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.