200 points dismissal indemnity

I don't know if you have a probationary period in February, or if you don't have a probationary period.

After the probationary period: the standard of compensation is twice the economic compensation, and the compensation for half a month's salary is calculated for those who have worked for less than half a year, and the compensation for one month's salary is calculated for half a year.

During the probationary period: If the company terminates the contract, it should pay you one month's wages in lieu of notice, and there is no other compensation.

Article 21 of the Labor Contract Law During the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 39 The employer may terminate the labor contract if the worker 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 damage 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 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.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent 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.

In your case, in addition to the liability for breach of contract in accordance with the Labor Law and the Labor Contract, the employer must also pay severance to the employee, and the main basis for paying severance is the Measures for Severance for Breach and Termination of Labor Contract

Article 2 The employer shall pay the severance to the worker in a lump sum.

Article 8 Where there is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract after consultation, and the labor contract is terminated by the employer, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer.

Article 10 Where an employer fails to give severance to an employee in accordance with the provisions after terminating the labor contract, it shall, in addition to the full amount of severance pay, pay an additional severance of 50% of the amount of such severance payment.

Article 11 The wage calculation standard of severance in these Measures refers to the average monthly wage of the employee in the 12 months prior to the termination of the contract under the normal production conditions of the enterprise. When an employer terminates a labor contract in accordance with Articles 6, 8 and 9 of these Measures, if the average monthly wage of the employee is lower than the average monthly wage of the enterprise, the employee shall be paid according to the standard of the average monthly wage of the enterprise.

In addition, you can immediately apply for legal aid from the local legal aid center and the labor arbitration commission for labor arbitration, requiring the employer to continue to perform the labor contract and pay wages, economic compensation or other compensation.

1. "The two-year contract seems to have a probationary period of only two months":

1) Yes, if the term of the labor contract is less than 3 years, the probationary period cannot exceed 2 months.

2) For more than 2 months: you can ask for the salary for the formal contract period.

Article 19 of the Labor Contract Law: If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; [If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months]; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

2. "In addition to the salary that should be given to me, how much compensation should the company give me": you should also be given double the economic compensation for the illegal termination of the labor contract: the economic compensation is half a month's salary (if you work for less than half a year, you can only be compensated for half a month's salary), because the unit terminates the contract without reason, it is an illegal termination, and you can ask for one month's salary;

3. In addition, if you are not notified in writing one month in advance, you shall also be paid one month's salary in lieu of notice.

If you are still in the probationary period, then the company can dismiss you, but you must make a reasonable explanation, if the probationary period is over, the company will dismiss you again, and you will have to pay half a month's salary compensation. The relevant legal basis for these can be found in the Employment Contract Law.

Did you get fired during the probationary period?

At most, if an employee's performance is not up to standard, the employee is considered incompetent for the job, in which case, the company cannot terminate the employment contract if it has not expired. Therefore, it is illegal for the company to terminate the employment contract with you, and you have the right to demand continued performance or to demand compensation from the company at twice the level of economic compensation.

Taking a step back, even if the company can terminate the employment contract, according to the provisions of the Labor Contract Law, it must give 30 days' notice or pay an additional month's salary and pay severance according to the provisions of the Labor Contract Law.

Article 40 of the Labor Contract Law Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

The company's internal regulations are invalid if they conflict with the provisions of the law.

If it conflicts with the law, and the law does not stipulate that the unit can make other provisions, your unit's regulations are invalid.

At the same time, you can claim one month's salary compensation in accordance with the provisions of the Labor Contract Law.

Did you resign yourself? Or did the company fire you?