I have worked as a chef for seven years, and my family is in a foreign country, can I get compensati

If an employer dismisses an employee without cause, it shall pay compensation to the employee at the rate of 2 months' salary for each year of service, and 14 months' salary for 7 years of service.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. 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.

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 severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance 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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Seven years should be technical! Why was I resigned?

Legal Analysis: If an employer dismisses an employee without cause, it shall pay compensation to the employee, and pay two months' salary for each full year as compensation.

Legal basis: 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 compensation 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 39 The employer may terminate the labor contract if the worker 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.

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 after the prescribed medical treatment period has expired, nor can he engage in other work arranged by the employing unit;

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.

Summary. Hello dear, the compensation is based on the following terms.

If the employee establishes an employment relationship with the employer, and the employee has worked for seven years, the compensation for the termination of the labor contract is usually as follows:

1.In accordance with Article 37 of the Labor Contract Law, the employee only needs to notify the employer three days in advance during the probationary period, and notify the employer in writing 30 days in advance after becoming a regular employee to go through the resignation procedures without compensation.

2.If the employer violates Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer, require the employer to pay the remaining wages and economic compensation (one month's salary for every one year of service), and go through the resignation procedures.

I am a company canteen cook, and I have been working for seven years and was suddenly dismissed.

Hello dear, the compensation is based on the following terms of the employee and the employer to establish a labor relationship, the employee has worked for seven years, and the compensation for the termination of the labor contract is usually as missing as follows: 1In accordance with Article 37 of the Labor Contract Law, the employee only needs to notify the employer three days in advance during the probationary period, and notify the employer in writing 30 days in advance after becoming a regular employee to go through the resignation procedures without compensation.

2.In the event that the employer has Article 38 of the Labor Contract Law, the employee may terminate the labor contract immediately without prior notice to the employer, and request the employer to pay the remaining wages and severance (one month's salary for every one year of service), and go through the resignation procedures.

3.If there is any arrears, the employee may apply to the local labor dispute arbitration commission for labor arbitration, and in accordance with Article 85 of the Labor Contract Law, the employer shall order the employer to pay additional compensation to the employee according to the standard of 50% to 100% of the amount payable; 4.If the employee does not submit his resignation 30 days in advance, and the employer does not have the circumstance provided for in Article 38 of the Labor Contract Law, and the employee directly submits a resignation letter and leaves, the employer may demand to bear the direct economic losses caused to the employer and the expenses incurred in recruiting the employee.

5.If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, the employee does not have the circumstances stipulated in Article 39 of the Contract Law, and the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and the employer shall pay compensation, i.e., 2 months' salary for every year of service; 6.If the termination of the employment relationship between the employer and the employee complies with the provisions of Article 46 of the Labor Contract Law, the employer shall pay severance payment, i.e., one month's salary for each year of service; In accordance with Article 40 of the Labor Contract Law, there was no 1 month's notice to the employee.

In accordance with the provisions of the Labor Code.

If the employer has signed more than 2 contracts with you, then regardless of whether the employer has signed a labor contract with you, you are equivalent to signing an indefinite labor contract. In other words, it is equivalent to signing a long-term labor contract, and no matter when the employer wants to fire you, it is illegal!

If the employer wants to dismiss you now, then you need to give at least one month's notice, or pay you one month's salary in lieu of notice.

For every year you work, the employer also needs to compensate you for one month's salary, and if it is less than 6 months, it will be compensated for half a month! You have been working for 6 years, and the employer needs to compensate you for 6 months' salary!

1. The social insurance responsibility is that after working for a few years, the employer has the obligation to help you pay for a few years, and you have the right to ask it to pay two years of social insurance; 2. When the contract expires, the company dismisses again, it is not called dismissal, it is called not to renew the labor contract, according to the provisions of the Labor Contract Law: if the employer does not renew the labor contract with the employee under the same or higher conditions when the contract expires, it shall pay economic compensation, and the compensation is one month for each year of work, and if it is less than one year and half a year, it will be calculated as one year, that is, if you work for 6 years, you can get 6 months' salary as compensation. Others, you need to provide more comprehensive information to help you analyze.

It stands to reason that if the contract expires and is not renewed, you should not receive any compensation if you are dismissed.

You negotiate with the boss, after all, it's been 6 years, and it should be a bit emotional.