Dismissal compensation, urgent !!! Consultation on severance compensation

For every 1 year of service, you need to pay 1 month's salary as severance payment!

Legal basis: Labor Contract Law!

Yes, employees are also required to pay one month's salary for each full year of service, according to their length of service.

Severance payments are also required for each full year and one month.

Lawyer Bi Huabao.

Hello, severance should be paid according to the number of years of service. Otherwise, there is a great legal risk.

To calculate, the termination of the labor contract is subject to the payment of compensation, according to the length of service for one month, a few years for a few months, and less than a year for one year. There is no probationary period. But there is no need to pay an extra month's salary

According to the length of service, one month's basic salary is compensated for each full year, which is now 1,280 yuan.

Yes, according to the law, if the contract does not expire and the two parties agree to terminate the labor contract, the employee shall be subsidized with one month's pre-tax salary for each year of work, and the employee shall be counted as half a year if it is less than half a year, and if it is less than one year in advance, it shall be counted as one year, and if the contract is terminated without one month's notice, an additional month's salary shall be subsidized. If the labor contract is unilaterally terminated, liquidated damages shall also be compensated. If you don't sign a contract, you're even more in danger, and you'll have to pay double the wages to your employees.

Summary. What exactly is the problem?

What exactly is the problem?

More than 8 months into the job, 6000 salary, the old cha wheel plate is only willing to make up the chain did not fight 3000, let me sign an agreement to compensate 3000, now the shed mill only gave 2696, said that it is the size of the week deduction.

That's reasonable.

Irrationality. How to deal with it, I went to ask the boss, and only told me that the size of the week was deducted, and he didn't want to make it up to me.

The economic compensation shall be paid to the worker according to the number of years of service in the employer, and one month's salary shall be paid to the worker for each full year. if it is more than six months but less than one year, the balance shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

It should be made up according to 6000.

If you sign in writing and agree to 3,000 compensation, you can still use the labor contract to apply for compensation.

It's hard to say if you sign voluntarily.

The signature is 3000, and the compensation is only given 2696, I was the first to enter the company, and it is not easy to see the boss, I am also the first time I have been dismissedNow it is said that it is a stupid salary to deduct two or three days a week, and only give 2696, what should I do?

Truth be told, it's not worth suing for the $300.

Look for the Labor Inspectorate.

Let them help coordinate it.

It's not angry, after all, I've already taken less compensation, and I'm still being deducted, it's really bullying, and the labor inspection department is the labor bureau.

Yes. Bureau of Labor and Personnel.

If you resign immediately, you must add one month's salary, unless you are notified one month's notice, which is to leave you looking for a job. Therefore, in addition to paying you the monthly salary, Article 5 of the Measures for Economic Compensation for Violation and Termination of Labor Contracts issued by the Ministry of Labor stipulates that "if the employer terminates the labor contract after the parties to the labor contract have reached a consensus through consultation, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year according to the employee's years of service in the employer, up to a maximum of 12 months."

If the service is less than one year, severance shall be paid at the rate of one year". If you have worked for 16 months, it should be 1 year and 1 month, and 4 months is calculated as a month, which is a monthly salary.

The calculation of severance shall be based on the wages payable to the employee, rather than on the basic salary and actual wages.

How much do you send each month? If it is calculated according to 4000, then it should be compensated 4000 + 4000 * monthly salary.

You can refer to the following.

Unreasonable, don't sign any resignation slip. Before the dismissal certificate (with the official seal), go to work on time, otherwise you will refuse to go through the resignation procedures.

16 months of normal payment is to pay you one month's severance payment, no reason for dismissal, is twice the compensation, that is, monthly salary.

Severance = Compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all wages due in the current month, which is the number before deducting personal insurance and provident fund.) ）

That is to say, if the compensation negotiation between 3 * (4000-5000) = 1w2 and 1w5 fails, you can apply for labor arbitration, which is counted from the time you leave the company, and the statute of limitations for labor arbitration is one year!

This case involves the legal issues of the employer's illegal termination of the labor contract: 1. The employer's termination of the labor contract must comply with the provisions of the law, but the employer's oral termination without justifiable reasons in this case is an illegal termination.

2. The employer shall pay compensation to the employee if the labor contract is terminated illegally.

3. You have worked in the company for 16 months, and you can get compensation of 2*2* average monthly salary according to the law.

4. You need to calculate the average salary (actual salary) for the 12 months before the termination of the labor contract, and then you can calculate your compensation. Assuming that the average monthly salary is 4000, then you have already got 2*2*4000=16000 yuan.

1. You wrote the resignation report on your own initiative, and there is no compensation 2. It is not clear whether the social security card shows dismissal. Because if you don't write a resignation report, the company also needs to give one month's written notice to terminate the contract. As long as you have the ability, are you afraid that you won't be able to find a good job?

3. One month's notice or compensation for one month's salary, and can apply for economic compensation, which shall be paid to the worker according to the standard of one month's salary for each full year of the worker's service in the unit. 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 company does not give it, you can file a complaint with the labor inspectorate.

Hello! 1. Voluntarily resigned, without compensation.

2. This worry is superfluous, and the people in the administration department are asking you to take the initiative to write a resignation report in disguise.

3. Regarding the last elimination system, if the system has not been notified or publicized by the company, and the company cannot provide effective evidence to prove that you do not meet the company's requirements or arrange other jobs in the position, and the company is involved in malicious dismissal, you can claim economic compensation for double wages. Depending on the number of years you have worked, you can claim two months of financial compensation.

Call the labor bureau directly, and they will send someone to check, and it is easy to find evidence that you have indeed worked. If the company doesn't sign a contract with you, it will definitely have to compensate you and be fined. You can also talk to the company and tell us about your idea

should be compensated.

Lawyer Tian Jun.

Collect evidence, and you will definitely pay for it.

If you have unemployment insurance, you can receive a small amount of unemployment insurance, and you can also apply for labor clearance from the local labor bureau.

If the company dismisses you without cause, you can get the compensation, if the company notifies you 30 days in advance, there will be no notice in lieu of notice, if the company does not notify you in advance, you can get the notice in lieu of notice, and the subsidy can also be obtained.

You can apply for labor arbitration, and the employees in the kitchen can act as witnesses. Or call my boss ** to negotiate this matter, and if necessary, you can record it as evidence.

If the contract has not been signed after one year, it shall be deemed that an indefinite labor contract has been concluded, and if the employer terminates the labor contract in accordance with the law, it shall pay economic compensation. After 08 years, one month's salary will be paid for each full year of work, and half a month's salary will be paid for the part less than 6 months. The compensation standard before 08 depends on where you are.

Hello, your problem is not very detailed, if the hotel kitchen you contracted is not due, the boss should compensate you!

According to the regulations, after the enterprise signs a labor contract with the employee, it must pay social security premiums for the employee, which is statutory, even if it is not stipulated in the labor contract, you can also go to the labor inspection department to complain.

There are also provisions on the severance payment for dismissal, and if the company dismisses you, you must pay one month of severance for one year, and less than half a year will be counted as half a year.