Labor Compensation and Compensation Counseling? Advice on labor compensation issues

If your company lays off you for a fixed period and also lays you off, then it may not be illegal, and if it is not illegal, you cannot apply for compensation, but you can ask for economic compensation, one month a year.

Article 41 of the Labor Contract Law has any of the following circumstances, and it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reported to the labor administrative department

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

If an indefinite employment contract has been signed with the employing unit, but the employing unit does not act in accordance with the contract, the employee may apply for compensation under the labor contract if he or she wants to be dismissed. If the negotiation fails, you can arrive. The labor arbitration commission shall settle the matter through labor arbitration.

Hello, this is financial compensation, since he wants to dismiss you, he needs to pay economic compensation, and you can have 8 to 9 months of salary compensation if you have worked for more than eight years.

If you have resigned or been dismissed after 8 years of employment at the workplace, then the labor compensation shall be compensated according to the standard prescribed by law, and you can apply for labor arbitration at the labor bureau.

If you are dismissed during your employment for reasons other than your own. and not in the internship period. The Labor Code stipulates that one month's salary is compensated for every year of service, up to a maximum of 12 months' compensation. Less than one year shall be paid at the rate of one year.

There is no necessary relationship between labor compensation and compensation, they belong to two types of labor relations.

This can be compensated according to the labor law. If you don't understand, ask a lawyer.

The Labor Law clearly protects the legitimate rights and interests of female employees in the third period (pregnancy, childbirth, and lactation), and strictly prohibits arbitrarily terminating the labor relationship with female employees in the third period. In addition, according to the relevant provisions of the Labor Contract Law, since the employer has signed four labor contracts with your friend, and three of them were signed after 08 years, your friend and the employer have actually met the conditions for signing an indefinite-term labor contract, but if the employer has no evidence to prove that your friend is unwilling to sign an indefinite-term labor contract with the employer, then your friend can also ask the employer to sign an indefinite-term labor contract.

However, in the actual case of proof, how can the employer prove that the employer was willing to sign an indefinite-term employment contract with the employee at that time but the employee was unwilling, the burden of proof in this case lies with the enterprise, so the other party can be required to sign an indefinite-term employment contract.

As for the difficulties you mentioned, if the other party does not modify the conditions agreed in the employment contract, then there is generally no way. For example, there is no better way to give some tasks that cannot be completed, deliberately making things difficult, treating them indifferently, etc., because after all, it does not touch the law, and we usually call it cold violence in the workplace. That's why mindset is important.

Hope it helps.

Article 14, Paragraph 2, Item (3) of the Labor Contract Law shall refer to the situation where an employee proposes to sign an indefinite-term labor contract when the employee renews the contract with the employee for the third time after the employee has entered into two consecutive fixed-term labor contracts with the employer.

Labor contracts that have been concluded in accordance with law before the effective date of this Law and that exist on the effective date of this Law shall continue to be performed; Paragraph 2, Paragraph 3 of Article 14 of this Law stipulates that the number of consecutive fixed-term labor contracts shall be counted from the time when the fixed-term labor contracts are renewed after the implementation of this Law.

Where a labor relationship has been established before the implementation of this Law and a written labor contract has not yet been concluded, it shall be concluded within one month from the effective date of this Law.

Where a labor contract existing on the effective date of this Law is dissolved or terminated after the effective date of this Law, and economic compensation shall be paid in accordance with the provisions of Article 46 of this Law, the period of economic compensation shall be calculated from the effective date of this Law; Before the implementation of this Law, if an employer is required to pay economic compensation to a worker in accordance with the relevant provisions at that time, it shall be implemented in accordance with the relevant provisions at that time.

Article 98: This Law shall take effect on January 1, 2008.

You can apply to the labor arbitration commission for labor arbitration or file a lawsuit in court.

The bonus is also part of the salary and can be claimed retroactively.

The contract expires without renewal but continues to work, and the two parties form a new labor relationship.

The employer shall pay twice the wages stipulated in Article 82 of the Labor Contract Law from the second month.

Since it is a de facto employment relationship, both parties can terminate it at any time

When the employer is terminated, in addition to the wages for the period of work, it is also required to pay economic compensation for the expiration of the contract that has not been renewed, as well as economic compensation for the termination of the de facto employment relationship.

When terminated, the employee is entitled to economic compensation for the non-renewal of the labor contract, in addition to the salary for the period of service he has served.

You can request a lawyer for labor arbitration.

There is no compensation for voluntary resignation. You should not resign, and the employer should not dismiss you. The duration of the work depends on the duration of the employment contract, and if the contract expires, it should be postponed until the end of the breastfeeding period of the female employee. Maternity leave pay is paid at the same rate. Suggest an incoming call.

Learn about labor contract law.

There is no compensation for voluntary resignation, and the law stipulates that the unit cannot terminate the labor relationship with the female employee during pregnancy, childbirth and lactation, which is why the employer wants you to resign voluntarily. It is advisable to consult or come to the office for an interview.

Pregnancy, childbirth, and lactation cannot terminate labor relations with female employees. The company's practices are illegal.

There is no compensation for voluntary resignation, the company is lying to you and wants not to pay. You should not resign, and the employer should not dismiss you. The duration of the work depends on the duration of the employment contract, and if the contract expires, it should be postponed until the end of the breastfeeding period of the female employee.

Maternity leave pay is paid at the same rate. It is advisable to continue to work and call if in doubt.

There is no compensation for quitting your job on your own, and you can work up to one year after giving birth.

It can be fought for.