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First of all, the employer should give you 30 days' notice, and the 30 days' wages will be paid.
Secondly, from November 2006 to the present, if you have worked for 2 years, you should be compensated at twice the standard of your average salary in the past 12 months, and this part of the compensation is not subject to personal income tax.
So, you can get a total of 3 months of salary, of which 2 months are tax-free.
As for the buyout of seniority or something, it has nothing to do with the situation you said. Your insurance and provident fund can be placed in the current unit first, but it is not continued to be deposited, and in the future, if there is a new unit, you can come to go through the transfer procedures, and the new unit will continue to give it to you.
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According to Article 47 of the Labor Contract Law of the People's Republic of China, economic 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.
In addition, the law clearly stipulates that if an employer terminates a labor contract with an employee on the grounds that the employee is incompetent, the medical treatment period has expired, or there has been a major change in the objective situation, it shall fulfill the obligation of 30 days' written notice, and if the obligation of such notice is not fulfilled, it shall pay the employee one month's salary.
So the employer should pay you financial compensation for 3 months' salary!
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First of all, if the unit terminates the contract before the contract period, it needs to be terminated in accordance with the legal procedures and meet the legal conditions!
Secondly, even if the labor contract is terminated, the employer shall pay economic compensation.
Finally, it is recommended that you go to a local law firm and ask a lawyer for advice.
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According to the situation you have described, combined with the provisions of the existing Labor Contract Law, if the employer unilaterally terminates the labor contract with you, it shall give you 30 days' written notice in advance or pay an additional month's salary before terminating the labor contract.
In addition, according to the provisions of the Labor Contract Law, the employer shall also pay severance to the employee for the termination of the labor contract under such circumstances, and the payment standard shall be one month's salary for one year according to the number of years the employee has worked in the employer.
In summary, if the employer wants to terminate the employment contract immediately, the employer should give you at least three months' salary as compensation.
In view of the buyout seniority you mentioned, this situation does not apply to you.
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Compensation for three months' salary!
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One year of service is compensated according to one month's salary.
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You can terminate the contract with you, but you should be compensated, if the contract stipulates it, the contract will be the contract, and if not, you will be compensated for the 2 months' salary according to the provisions of the labor law.
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The compensation of the labor contract shall be determined in accordance with the following methods: 1. The compensation caused by the termination of the contract shall be determined in accordance with the contract; 2. In the case of personal injury caused by the provision of labor services, the party receiving the labor services shall be liable for compensation, mainly compensating for other expenses such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, and hospital meal subsidies.
Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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 paragraph 1 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.
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In today's new era, I believe that many people have begun to enter the workplace. But when entering the workplace, many people sign a contract with their boss. In fact, it is very important to sign a contract before joining the company, which not only writes the agreement between the boss and the employee, but also has related matters, which you can learn from.
However, some bosses dismiss employees without authorization before the deadline of the employee's deadline expires, so many employees feel very angry. So how to compensate if the contract period for job divestment has not expired? <>
1. Appropriate compensationSome bosses, in order to get more benefits, will immediately lay off employees if they find that the company has no business. In fact, employees will sign a relevant contract with the boss before joining the company, and if the contract period does not reach the boss's unauthorized layoff, the employee will also be compensated. Generally, they will compensate themselves with 10% of their wages, and this is also a kind of disrespect for the labor of employees.
Second, the liquidated damages should also be strictly implemented in accordance with the contract, some contracts have been written, how much is the liquidated damages. So if the boss dismisses the employee in advance, that is, he violates the contract he signed, then he will have to pay according to the liquidated damages. Therefore, we must pay attention to honesty and not destroy this sincerity without authorization.
After all, people do business outside the home, relying on integrity. If the boss can't be honest with his employees, then how can he be honest in business? <>
3. Treat employees wellThe living conditions of some employees are indeed very poor, and the boss should also strictly follow the contract to implement, and should not ignore the interests of others because of the interests of the company. Bosses should be kind to their employees during their employment, and should not think that they are bosses and talk to employees arrogantly. Since we have arrived at the company, we are a big family, and there is no distinction between high and low.
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So good, first of all, this is not due, so good, well, we always have to accompany them, this kind of people accompany us one by one is more common, of course, you can also negotiate and communicate.
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Generally, 80% and 9% will be compensated because after all, the other party breached the contract, and the other party made such a request before the contract ended, so it must be fully responsible.
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If you want compensation, you can go to the relevant agency to explain the situation and ask them to compensate you. And it is very convenient to operate, so don't worry about this problem.
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According to your working years, the company will pay you an extra few months' salary as compensation for not working for one more year.
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Generally, 60% to 80% will be compensated, because after all, it is the other party who has done something, and the other party has breached the contract, so at this time, they will give themselves corresponding compensation.
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According to the Labor Law, the Labor Contract Law and other relevant laws and regulations, you can file a complaint with the local labor inspection department or apply for labor arbitration in accordance with the law.
Zongheng Legal Network-Shandong Hengyue Law Firm-Yu Jialiang lawyer.
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According to the Labor Law, the Labor Contract Law, the Labor Dispute Mediation and Arbitration Law and other relevant laws and regulations, you can apply for labor arbitration in accordance with the law.
Zongheng Legal Network-Shandong Tiandiheng Law Firm-Lawyer Sun Dayuan.
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According to the provisions of the Labor Law, if the employer's practices have been illegal, you can make a request to the employer, or complain to the labor department, or even initiate labor dispute arbitration.
Zongheng Legal Network-Shandong Lubei Law Firm-Lawyer Lu Jianfei.
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The employer's refusal to arrange jobs and suspend the payment of wages clearly violates the provisions of Article 17 of the Labor Contract Law and Article 50 of the Labor Law, and infringes upon the legitimate rights and interests of employees.
Although the employment contract was not terminated, it was as if there was no such person.
It is recommended that in accordance with the provisions of Article 38 of the Labor Contract Law, the employer shall have the right to terminate the labor contract with the employer and have the right to require the employer to pay the corresponding economic compensation for the termination of the labor contract and pay the wages during the period of suspension.
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What are the specifics? Is it because the employer did not terminate the employment contract with you, but did not arrange for you to work and stopped paying your salary? As long as the contract is not terminated, it means that you still have an employment relationship!
Do you go to work every day to clock in? In your case, it's best to ask the unit why? If you don't get a satisfactory answer, you should go to the labor arbitration department for detailed consultation, use the law to arm and protect yourself!
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Hello, enterprises should follow the relevant provisions of the state to provide assistance to employees who have been laid off due to enterprise reasons in terms of reemployment, social disorder insurance and social relief. If the enterprise fails to resettle employees in a timely manner in accordance with national laws and regulations, or fails to help employees re-employment and pay social security in accordance with relevant national regulations, then the enterprise shall bear the corresponding liability for compensation. If the enterprise does not have a job to place employees, it is illegal to terminate the labor contract, and the worker can directly complain to the local labor inspection department and request the enterprise to pay the corresponding economic compensation in accordance with the relevant national regulations.
According to the provisions of the Labor Contract Law, the enterprise shall pay economic compensation to the dismissed employee, including: if it is more than one month but less than one year, it shall be paid at the rate of one month's salary; If it is more than one year but less than ten years, it shall be paid at twice the salary of the employee; If it is more than ten years, it will be paid at three times the salary of the employee. At the same time, the enterprise also needs to bear the liability for compensation for the illegal termination of the labor contract.
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Summary. Hello! According to the Labor Contract Law of the People's Republic of China, an employer shall pay economic compensation for termination of a labor contract in accordance with the law, except in the following circumstances:
1. The worker loses the ability to work or reaches the statutory retirement age; 2. The employee submits his resignation and reaches an agreement with the employer through consultation; 3. The employer has already paid compensation after the employee is dismissed in violation of the provisions of the labor contract. According to the above legal provisions, if it is clearly stipulated in the contract that the contract will be terminated without compensation for the disappearance of the post, no economic compensation shall be paid according to the law.
Hello! According to the Labor Contract Law of the People's Republic of China, an employer shall pay economic compensation for the termination of a labor contract in accordance with the law, except in the following circumstances: 1. The employee loses the ability to work or reaches the statutory retirement age; 2. The employee submits his resignation and reaches an agreement with the employer through consultation; 3. After the employee is dismissed for violating the provisions of the labor contract, the employer has paid compensation to Zheng Sui.
According to the above legal provisions, if it is clearly stipulated in the contract that the contract will be terminated without compensation for the disappearance of the post, no economic compensation shall be paid according to the law.
Supplement: It should be noted that employees should carefully read and understand the content of the contract before signing the contract that clearly stipulates that the post will not be compensated for the disappearance of the position, so as to ensure their right to know and the right to choose. If there is any objection after signing, you can protect your legitimate rights and interests through mediation, arbitration or litigation.
In addition, in the event that the post disappears without compensation, the employer should communicate with the employee in a timely manner and actively negotiate to solve the problem to avoid unnecessary legal disputes. <>
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If this is the case, then the other party has the right to terminate the contract, and the only compensation that can be given to you is the compensation for the seedlings, which is to give a little compensation for the crops you are planting now, and nothing else. If it is not a force majeure reason such as state expropriation, it depends on how the contract was agreed at that time and executed according to the contract. If the contract does not stipulate a clause for early termination, the two parties need to negotiate a settlement, and the party who fails to negotiate can sue the court.
It is possible to apply for labor arbitration to claim severance for the payment of monthly wages.
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