100 points for dismissal without cause by the company

Of course. If it is really as you said, if you are dismissed without any reason, you should be compensated twice!

Unless you have caused significant losses to the company due to a major accident, the company has the right to dismiss employees!

When establishing a labor relationship between an employer and an employee, a labor contract shall be concluded in written form. China's newly promulgated Labor Contract Law, which will come into force on January 1, 2008, stipulates that if a labor relationship has been established and no written labor contract has been concluded, the labor contract shall be concluded within one month from the date of employment.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Failure to sign a contract is a clear violation of the relevant provisions of the labor law, and you can negotiate with the company, and if the negotiation fails, you can go to the local court to file a lawsuit. The promulgation of the new labor law is still very useful to protect the rights and interests of the issue you mentioned above, if the employer has been using you for more than a month, then it can defend its rights. Hehe!

But remember that it was not until January 1, 2008. Hehe, I hope my advice is helpful to you!

It should be calculated according to the contract period, and it should be counted until the date of dismissal, and all the wages in the middle should be added to the attendance bonus and individual allowance!

It is important to look at the contract, whether it is within the probationary period. During the trial period, there is basically none.

Hello, their contract stipulates liquidated damages, and now, the employer has breached the contract, then it should pay liquidated damages according to the contract.

1. Your girlfriend and the employer have a liquidated damages agreement in the contract, requiring the unit to bear the liability for breach of contract and pay liquidated damages.

2. Your girlfriend's employer shall be liable for economic compensation for the termination of the labor contract. That is, a one-month severance payment to your girlfriend.

Both of the above should be claimed to your girlfriend's unit at the same time.

How much compensation you get depends on the contract.

The compensation standard for dismissal by the company depends on the situation. If the employer dismisses without legal reasons, it is an illegal termination of the labor contract, and two months' salary shall be paid as compensation for each year of service, and the salary standard shall be calculated based on the average salary of the individual in the 12 months before resignation. If they do not pay, they may apply for mediation, arbitration or litigation to demand payment of compensation.

If the employee is dismissed by the employer for serious violation of the employer's violation system, the employer is not required to compensate the employee, but the employer bears the burden of proof. Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of this law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit 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. If the monthly wage of a worker is three times higher than the average monthly wage of an employee in the previous year as 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid 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 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with the provisions of 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 the first paragraph 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 a 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.

What is the compensation standard for being suddenly dismissed by the company? The sudden dismissal of an employee by the company without fault is an illegal termination of the labor contract under the Labor Contract Law, and the employee can claim compensation of twice the economic compensation of the illegal termination of the labor contract.

The specific legal provisions stipulate that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee 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 cannot be continued to perform, the employer shall pay compensation in accordance with the regulations.

Labor Contract Law of the People's Republic of China

Article 48 [Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee 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 [Legal Liability for Breach of Dissolution or Termination of Labor Contract] Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

The employee may claim twice the economic compensation for the illegal termination of the labor contract, and award the compensation of Liangzen Money. The specific legal provisions are that if the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee 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 the regulations.

1. How to compensate for being dismissed by the company without reason.

1. The compensation for dismissal by the company without cause is as follows:

1) The number of years the worker has worked in the unit shall be paid one month's salary for each full year;

2) If it is more than six months but less than one year, it will be counted as one year;

3) If the monthly wage of the worker is three times higher than the average monthly salary of the employee in the previous year as 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee.