If I have signed a dismissal form and have not signed a compensation agreement, can I still compensa

If it is a dismissal order, it does not affect the compensation and compensation.

Yes, I have dealt with such cases.

Employees who are dismissed without a contract are compensated as follows:

1. The employer pays double wages to the employee;

2. Pay compensation to workers according to the calculation standard of the number of years;

3. Compensation shall be paid according to the wage calculation base, that is, the average salary of the employee in the 12 months prior to the termination or termination of the labor contract.

According to the first paragraph of Article 47 of the Labor Contract Law, severance compensation shall be paid to the employee according to the number of years of service in the employer and 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.

1. Relevant legal basis.

Paragraph 1 of Article 47 of the Labor Contract Law.

The severance 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 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.

2. How to protect your rights if you are dismissed without signing a contract.

In this case, although there is no labor contract, if there is a de facto labor relationship between the two parties, you can negotiate with the company first, and if the two parties fail to negotiate, you can apply to the labor arbitration commission for labor arbitration and request the company to pay the compensation for the illegal termination of the labor contract and double wages.

Note: Be sure to collect evidence that can prove the existence of an employment relationship between the two parties to form a complete and favorable chain of evidence! If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) Work permits, service certificates, and other documents that can prove the identity of the workers issued by the employer;

3) Recruitment records such as the employer's recruitment registration form and registration form filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc. Therefore, the labor and social security department can prove or determine from the above aspects. In judicial practice, the employment relationship can also be proved by using the company's business transaction documents, audio recording evidence, etc.

Legal analysis: If the boss does not pay wages when resigning without signing a labor contract, there are the following ways to solve the problem: 1. Negotiate with the boss to settle the problem; 2. The labor arbitration commission of the local labor bureau applies for labor arbitration to get the wages back.

This procedure is specially designed to resolve labor disputes, and the effect is very good, and there is no need to pay any fees; 3. If you are not satisfied with the arbitration result, you can file a lawsuit with the court; 4. You may file a complaint with the labor inspection agency, which will order the employer to make corrections.

The law is based on the law

Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) failure to provide labor protection or working conditions in accordance with the provisions of the labor contract, (2) failure to pay labor remuneration in full and in a timely manner, (3) failure to pay social insurance premiums for the employee in accordance with the law, (4) violation of the provisions of laws and regulations by the employer, harming the rights and interests of the laborer, (5) invalidity of the labor contract due to the circumstances specified in Paragraph 1 of Article 26 of this Law, (6) law, Other circumstances under which an employee may terminate a labor contract as provided by administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) the worker is proved to be ineligible for employment during the probationary period, (2) the employee seriously violates the rules and regulations of the employer, (3) the employee is seriously derelict in his duties, commits fraud for personal gain, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request (5) Where the labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, (6) criminal liability is pursued in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired (2) the worker is not competent for the job and is still incompetent for the job after training or job adjustment (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Summary. Dear, I was dismissed for not signing a contract and paid twice my salary, I can handle it by going to the Labor Bureau. Compensation for dismissal without signing an employment contract:

The employee may request the employer to pay severance and twice the difference in wages for not signing the labor contract. The law stipulates that if an employer dissolves or terminates a labor contract in violation of regulations, and 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 twice the difference in wages for the failure to sign the labor contract.

Dear, I was dismissed for not signing a contract and paid twice my salary, I can handle it by going to the Labor Bureau. Compensation for dismissal without an employment contract: The employee may request the employer to pay the compensation for economic distress and twice the wage difference for not signing the employment contract.

The law stipulates that if an employer dissolves or terminates a labor contract in violation of regulations, and 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 twice the difference in wages for those who have not signed the labor contract.

Extended information: Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China provides 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 is no longer able to continue to perform, the employer shall pay compensation in accordance with Article 87 of this Law.

If the company is dismissed without signing a labor contract and receives double salary compensation, which falls under one of the circumstances provided for in Article 46 of the Labor Contract Law, the employer shall pay the employee economic compensation according to the standard of one month's salary for each full year of the employee's service in the employer; If the labor relationship is terminated illegally, the compensation shall be paid at two times the amount of economic compensation.