How to claim compensation for being suddenly dismissed by the company

Indemnity, double salary, supplementary social security contributions. Go to the labor inspection brigade to complain.

Legal analysis: If an employee is dismissed without cause, the employee needs to claim compensation from the employer for terminating the labor relationship. Generally, it is possible to negotiate with the unit, or complain to the labor inspection brigade for resolution, and if it cannot be resolved, it can also directly apply for labor arbitration to protect rights.

When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal. If an employee is dismissed without cause, the employer needs to pay double the economic compensation. If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation.

The unit needs to pay economic compensation for the economic layoff and dismissal of employees. If the employee seriously violates the company's discipline, the employer does not need to pay compensation. During the probationary period, if the employer dismisses the employee because he does not meet the employment conditions, the employer does not need to pay economic compensation.

There is no financial compensation for employees who reach the age of retirement.

Legal basis: Article 47 of the Labor Contract Law stipulates that 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.

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 4 of the Labor Contract Law Article 18 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 can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Coarsely done.

<>1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

2. If it is more than six months but less than one year, it shall be calculated as one year;

3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation;

4. If the employee's monthly salary is 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 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 of economic compensation shall not exceed 12 years;

5. If the unit is unilaterally dismissed without a legitimate reason, it is necessary to pay double the compensation according to the above standards.

Legal basis: Article 46 of the Labor Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except for those in which the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of 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.

How to compensate for being suddenly dismissed by the company depends on the specific reason.

1.The employer has the right to dismiss the employee and is not required to pay economic compensation if the employee has any of the following circumstances:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer of the sailer;

4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5) Using fraud, coercion or taking advantage of the danger of others to make the other party conclude or modify the labor contract contrary to its true intentions, resulting in the invalidity of the labor contract;

6) Those who have been investigated for criminal responsibility in accordance with law.

2.If the employee does not have the above circumstances and the employer dismisses the employee, then the employer shall pay the employee severance according to the employee's working years, and the specific standards are as follows:

One month's salary shall be paid for each full year of service, and if the service is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

3.If the employer dismisses the employee in violation of the prohibitive provisions of the law, it shall pay the employee double the severance according to the above standards.

So how to solve a labor dispute with the unit?

1.Complaints can be filed with the local labour inspection brigade. You can sort out the punch-in records, witness testimony of colleagues, audio and video recordings, chat records, etc., to prove the existence of an employment relationship between you and the employer;

2.If the complaint fails, you can sort out the evidence and apply to the local labor arbitration commission for labor arbitration, and it should be noted that the statute of limitations for applying for labor arbitration is one year;

3.If you are not satisfied with the arbitral award, you can directly bring the evidence to the court to file a lawsuit, and the statute of limitations for filing a lawsuit in the court is three years;

4.If the other party does not enforce the arbitral award, then you can go to the court to apply for enforcement, and the property of the other party must be enforced within two years.

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.

If the boss or personnel of the company verbally says that you will be dismissed, you should go to work on time before receiving a formal written notice (stamped with the official seal), or ask the employer to give you a written notice of disappointment. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to work, and that you have been absent from work for a few days, and the company will treat you as if you left the job voluntarily.

There are three situations in which the employer dismisses or terminates the labor contract: first, if the employee has any of the circumstances stipulated in Article 39 of the Labor Contract Law, the employer is not required to notify the employee 30 days in advance and is not required to pay economic compensation; (2) to terminate the labor contract in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Summary. Dear, hello, I am happy to answer for you If you are suddenly dismissed by the company, you can apply for labor arbitration to claim compensation. Legal Analysis:

The compensation for dismissal without cause is as follows: (1) the employee shall be paid one month's salary for each full year of service in the company; 2. If it is more than six months but less than one year, it shall be calculated as one year; (3) 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 to be paid to him shall be three times the average monthly wage of the employee.

Dear, hello, I'm glad to answer for you If you are suddenly dismissed by the company, you can apply for labor arbitration and claim compensation. Legal car analysis: 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 the six-month closure is less than one year, it shall be calculated as one year; (3) 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 to be paid to him shall be three times the average monthly wage of the employee.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the number of years of service 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 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which the economic compensation shall be paid to the employee shall not exceed 12 years.