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The Labor Law does not rely on the subjective judgment of the employer as the main basis for the protection of employees.
If the employer believes that the employee has caused losses to the employer due to personal subjective reasons, it should take the initiative to provide evidence and resolve it through labor arbitration.
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Legal analysis: Employees who are dismissed by the company are generally compensated. However, if it is proved that there are those who do not meet the employment requirements during the probationary period; Serious violation of the rules and regulations of the employer; In the event of serious dereliction of duty, malpractice for personal gain, causing major damage to the employer, etc., the employer does not need to compensate or compensate for the dismissal of the employee.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China provides that if the employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.
Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.
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If an employer dismisses an employee under any of the following circumstances, it is not required to pay compensation. If there are any of the following circumstances, the employer does not need compensation or compensation for the dismissal of the employee: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, and refuses to make corrections at the request of the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China: The employer may terminate the labor contract if the employee 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 harm to the employer; (4) Where a worker establishes a labor relationship with another employer 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.
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Companies are required to provide compensation for employees who are dismissed, but most of the employees who are laid off are normal
Severance is not required for dismissal due to statutory fault, and severance is only required for dismissal without statutory fault. According to Article 46 of the Labor Contract Law, if an employee has a statutory fault as stipulated in Article 39 of the Labor Contract Law, or the probationary period does not meet the employment conditions, the employee is not required to pay severance if the contract is terminated. In addition, the contract may be terminated in accordance with the provisions of Articles 36, 40, 41 and 42, subject to the payment of economic compensation.
If the employer terminates the contract in violation of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the contract; 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 two times the economic compensation, that is, two months' salary per year for the number of years of service in the unit, and pay compensation to Zhaoxiao. While establishing a labor relationship with the employer and accepting the management of the employer's personnel, rules and regulations, etc., the worker is entitled to a fixed amount of wages and benefits within the agreed period. If the termination of the employment relationship before the expiration of the time limit will cause the employee to lose his job and the expected benefits arising therefrom, it will be a loss of interest for the employee who is not subjectively at fault.
Through the payment of economic compensation, the loss of workers can be reduced, so that workers.
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Summary. Hello, the company shall compensate the dismissed employees, and pay one month's salary for each full year according to the number of years the employee has worked in the company; 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.
Hello, the company will pay compensation for the dismissal of employees, calculated according to the number of years the employee has worked in the company, and pay 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 before the sales of the store, the worker shall be paid half a month's salary.
Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of one month's salary for each full year. where the feast is less than one year for more than six months, 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 in the municipality directly under the Central Government or the city level 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 economic compensation shall be paid shall not exceed 12 years.
I've been working in the factory for more than five months, and I just wanted to ask.
You see if I have any financial compensation, and what if I don't give it.
Did you sign the contract?
Signed. What is the reason for dismissal.
It means that there are too few orders and too many employees.
Dear, you can apply for labor arbitration.
Claim compensation.
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