The unit is out of control, I want to be dismissed, is there anything to make up for it?

Updated on society 2024-04-13
14 answers
  1. Anonymous users2024-02-07

    If the employer is legally at fault and the employee resigns, the employer shall pay severance compensation.

    During the performance of the labor contract, the employee may terminate the contract in accordance with Articles 36, 37 and 38 of the Labor Contract Law.

    The employee terminates the contract in accordance with Articles 36 and 37 of the Labor Contract Law without compensation.

    In accordance with Article 46 (1) and Article 47 of the Labor Contract Law, the employer shall pay the employee one month's salary and economic compensation for each year according to the number of years of service of the employer, and the employee shall pay it on a yearly basis if it has completed half a year but less than one year, and if it is less than half a year, it shall be paid on a half-year basis.

    The wages of the employee for calculating the severance shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, bonuses and other monetary income. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

    If the termination of the contract does not comply with the provisions of the law, the employee shall be liable for compensation for the losses caused to the employer in accordance with Article 90 of the Labor Contract Law.

    Labor Contract Law

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

    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 provided for 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.

  2. Anonymous users2024-02-06

    It doesn't matter what kind of unit you're in, what's going on? As long as you unilaterally dismiss and resign, what compensation do you want? That's when you choose to leave, but the stomach will definitely not compensate you, after all, it is the contract you terminate, but the contract in the unit that terminates the ability for reasons is different, for example, if he only treats you, at least how many years you have done, he has to compensate you some, uncle, if you sit for a year, he will give you a month's salary, two different natures, so if you want to be compensated, you can only unilaterally propose dismissal or termination of the contract in the unit, etc., You can get the so-called lay-off pay and allowance, if you ask for it yourself, then you can't get anything?

    Including the layoff pay in social security, you can't get it, because the contract will indicate the meaning of a certain party, and a party requires resignation, or dismissal, so you have to think about it clearly.

  3. Anonymous users2024-02-05

    1. If the fruit-copying unit is illegally dismissed from labor.

    contract, the laborer can ask for support

    payment of compensation; 2. If the reason for the termination of the labor contract by the DAO unit meets the circumstances stipulated in Article 39 of the Labor Contract Law, it is not required to pay economic compensation or compensation;

    3. If the reasons for the termination of the labor contract by the employer meet the circumstances stipulated in the first paragraph of Article 40 and Article 41 of the Labor Contract Law, the employer shall pay economic compensation.

    4. If the employer cannot reach an agreement on the compensation matters, the employer may apply for labor arbitration within one year of being dismissed.

  4. Anonymous users2024-02-04

    Severance payment: Severance compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of 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.

    Overtime wages and compensation: If the employer does not arrange annual leave, it shall pay three times the salary; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable. Insurance Money:

    If the employer fails to hand over the insurance to the employee, it shall make up the payment, and the employer shall compensate for the loss if it fails to make up the insurance.

  5. Anonymous users2024-02-03

    In addition, if the labor contract is not signed, it can be as if there is no fixed-term contract, and the dismissal may not be arbitrary.

  6. Anonymous users2024-02-02

    It is possible to claim the compensation part:

    1. Apply for compensation for double wages from the next year of employment to the day of resignation due to the failure to sign the labor contract;

    2. Due to the failure to pay social security, the applicant company pays social security fees and late fees from the date of employment to the date of resignation;

    3. The applicant company will give a one-time economic compensation of 15 months;

    4. If the company does not issue a notice of dismissal one month in advance, it can apply for one month's payment in lieu of notice.

    What to do in advance:

    Keep pay slips, remittance records, or attendance sheets, which are all evidence that proves that you have worked for the company.

  7. Anonymous users2024-02-01

    If the unit dismisses you, it should compensate you for one month's salary every year, but if the unit thinks you are at fault, it can also not compensate you, so the unit wants you to resign yourself, so there is no compensation, you can calculate, if you only work for one or two years, negotiate with the unit, let him compensate you appropriately,

  8. Anonymous users2024-01-31

    It is not possible to write a letter of resignation. If you resign yourself, there will be no compensation.

    If the unit dismisses an employee, the subsidy shall be calculated according to the employee's length of service. One month's salary for one year's service, up to a maximum of 12 years. It depends on how many years you've been here.

  9. Anonymous users2024-01-30

    Answer: You are 61 years old this year, the employer wants to dismiss you, the contract has not expired, there should be compensation, it is the employer who dismisses you, not your voluntary resignation, according to the labor law, the unit has to compensate, how long you have worked in the unit, the compensation is according to the year you do in the unit, one month and so on, the employer terminates the contract early, you have compensation.

  10. Anonymous users2024-01-29

    When the retirement age is reached, the employer can terminate the labor contract and not give economic compensation.

    This is a question of whether the contract expires or not.

    Once you reach retirement age, you can no longer pay social security, even if you pay by mistake for a month, the local taxation bureau will call a ** notice to ask you to go to the front desk to go through the surrender procedures.

    Moreover, when the retirement age is reached, if the employer continues to let you go to work, if there is a labor dispute or something, the labor law bureau will not accept it, and you can only go to the court to file a lawsuit.

  11. Anonymous users2024-01-28

    In general, the employer should not be more than 60 years old, which is the statutory retirement age, so there is no compensation problem for the employer to terminate the labor relationship with the employee who has reached the statutory retirement age. However, if the pension insurance has been paid and the payment has reached 15 years, the unit should petition the social security department to handle the retirement procedures for it.

  12. Anonymous users2024-01-27

    If you've reached retirement, you haven't (> if you haven't reached retirement and you haven't made a mistake, then you have.

  13. Anonymous users2024-01-26

    If there is a contract, then the unit is in breach of contract, and if you are dismissed, you can ask the company to compensate according to the contract. An extra few months' wages can be compensated.

  14. Anonymous users2024-01-25

    1.The contract has not expired, and he was dismissed by the company without fault and needs to be compensated.

    2.It is recommended to file a complaint with the local labor inspection brigade and apply for labor arbitration, and if you are unable to hire a lawyer, you can apply for legal aid from the trade union.

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