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If the employer terminates the employment relationship with you (or dismisses or dismisses you) in the following three situations, which of the circumstances should be paid to you but is not paid to you, you can apply for labor arbitration within one year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;
2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, you should also pay 1 month's salary in lieu of notice, n+1;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
Labor Contract Law: Article 1.
Article 19 of the Regulations for the Implementation of the Labor Contract Law.
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Hello, you can call the local social security bureau for detailed consultation, thank you!
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Summary. Hello dear, happy to answer your <>
If you have worked for 10 years and have not purchased social security for you, and you are unilaterally dismissed, you can report this situation through the labor inspection brigade or appeal through the labor arbitration committee.
What should I do if I have been fired from my job in the factory for ten years without buying social security?
Hello dear, happy to answer your <>
If you are unilaterally dismissed if you say that you have worked for 10 years and have not purchased social security for you, you can report this situation through the labor inspection brigade or appeal through the labor arbitration committee.
Dear, hello, for your situation, I make the following analysis for you: you have worked in the unit for more than ten years and have not purchased social security, so once you have to know whether you have signed a labor contract, as long as you sign a labor contract, then this labor contract is a legal rights protection **, you can fully hold your own labor contract, go to the labor leakage and delay delay in the supervision committee or the municipal labor arbitration commission where the public return inspection department is located to report, there is no problem.
Dear, hello, for Liang Bi's situation, I will make the following analysis for you: Of course, if you have not signed a labor contract, it is relatively difficult to protect your rights, because if you have not signed a labor contract, there is actually no legal basis to prove that you are an employee of this enterprise. So there is no relevant proof to prove that you are an employee of this business unit, so in this case.
It is indeed relatively difficult to defend rights.
Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there
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Summary. Hello If you have not paid social security for more than 10 years and have been dismissed from the factory, you can ask the unit to pay 10 years of social security, and you can make economic compensation, and you will be compensated for one month's salary for one year, and if you have worked for more than 6 months and one year, you will be compensated for one month for one year, and half a month for less than 6 months. You can go to the Dangdang Labor Bureau to file a complaint or apply for arbitration.
Hello work bench book more than 10 years has not paid social security, was dismissed by the factory, you can ask the unit to pay 10 years of social security, and to do economic compensation, do a full year of compensation for one month's wages, more than 6 months for one year of compensation for one month, less than 6 months of compensation for half a month. You can go to the Labor Bureau to complain or apply for arbitration.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China An employee may terminate the labor contract by notifying the employer in writing 30 days in advance. During the probationary period, the employer may terminate the labor contract by notifying the employer three days in advance.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay in full and in a timely manner the remuneration for labor and damage; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the residual circumstances provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations.
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Now 62 years old, working in the factory for more than ten years, without any insurance, and without signing a labor contract, is there any other compensation for being fired by the boss?
According to China's Labor Contract Law and relevant regulations, when an employer dismisses an employee, it should compensate the employee accordingly. In your case, you are still entitled to certain compensation even if you do not have an employment contract or insurance. Here's what you can fight for:
1.According to China's labor law, employees who do not have an employment contract or have purchased social insurance are entitled to severance pay when they are dismissed. The formula for calculating the severance payment is as follows:
The cumulative length of service (calculated according to the date of entry and the date of resignation) of the employee shall be multiplied by one month's salary, and the maximum shall not exceed the sum of 12 months' salary. 2.Financial CompensationSince you do not have Social Health Care Insurance, you may experience some financial difficulties after losing your job.
If you need some extra financial help at the end of your employment relationship, you can request severance payments from your employer. 3.Wages and overtime wagesIf your boss does not pay your wages and overtime wages in accordance with the relevant regulations, you can ask your boss to pay the corresponding wages and overtime wages.
In short, although you have not signed an employment contract and have not purchased insurance, you are still entitled to compensation under the protection of national laws. If you have doubts about this, it is recommended that you consult the relevant legal authorities or lawyers for better advice.
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Summary. There is no financial compensation for resignation.
I have worked in the factory for 11 years, and the factory has not paid insurance, so I want to resign because of the poor efficiency of the factory, is there any financial compensation?
There is no financial compensation for resignation.
Only if you apply for arbitration at the Labor Bureau, and the complaining company does not purchase insurance for the employee, you can get compensation if the arbitration is successful
Is there compensation for dismissal in the factory?
That's right, only those who are dismissed from the factory will be compensated.
The contract in the factory has expired, and the contract has not been signed.
If you resign voluntarily, there is no compensation.
If the contract has expired and the contract has not been re-signed, it is not possible to apply for arbitration.
If you don't sign the contract, the company means that it no longer intends to ask you to work.
I haven't signed a contract for almost three years, but I've been working.
However, if you have an old contract and the current payroll bank transaction records, which can also prove that you are an employee of the company, you can also apply for arbitration to get the subsidy back.
Okay thank you. Bring your contract and bank transaction records, and apply for arbitration at the local labor bureau for compensation, saying that the company has not paid insurance for more than ten years.
Okay thank you.
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Hello, regarding the issue of what insurance the boss of the employee's factory bought and does not compensate for the situation of the collapse of the factory, I think it needs to be considered from a legal point of view. First of all, we need to make it clear that the protection rights and interests of employees after the closure of the factory are mainly protected by the following laws and regulations:1
The Labor Law of the People's Republic of China stipulates that when the term of the labor contract expires or the employment relationship is terminated, employees have the right to receive economic compensation, social insurance and other benefits in accordance with the law. 2.The Social Insurance Law of the People's Republic of China stipulates that employers shall pay social insurance premiums for their employees in accordance with the law, establish and improve the social insurance system, and protect the basic social insurance rights and interests of employees.
3.The Enterprise Bankruptcy Law stipulates that when an enterprise goes bankrupt, the labor remuneration and social insurance expenses of the employees shall be compensated first. According to the above laws and regulations, employees are entitled to economic compensation and social insurance benefits after the closure of the factory, and the rights and interests of employees should be compensated in the event of bankruptcy of the enterprise.
Therefore, if the insurance purchased by the boss does not involve the welfare and labor remuneration of employees, it will not affect employees. In addition, if the insurance purchased by the boss involves issues such as employees' welfare and labor compensation, the employee has the right to apply for compensation from the insurance company in accordance with the law after the factory closes down. Specifically, the employee may make a corresponding claim for compensation to the insurance company according to the content of the insurance contract, and the insurance company shall compensate the employee in accordance with the contract.
It's only been ten years, and you're tired? It is necessary to have a ...... of work and leisure, long-term perseverance, and lifelong work, for the benefit of children and grandchildren, and for the people
If the employee is dismissed by the employer for serious violation of the employer's violation system, the employer is not required to compensate the employee, but the employer bears the burden of proof. According to Article 39 of the Labor Contract Law of the People's Republic of China, an employer may terminate a labor contract if an employee falls under any of the following circumstances: >>>More
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A person's future is not allowed, living in the present should work hard for the future, waiting for the rabbit This fable, you should understand that only by doing what you should do now can you lay a solid foundation for a better life in the future. If you don't work hard now, you just think about pie falling from the sky, it's just like Mr. Kong Ming, what is said in the book of commandments: "The year and the time are gone, the intention is gone, and then it will become withered, and it will not be inherited from the world, and it will be sad to keep the poor, what will it be!" "Year by year, the will also passes with the passage of time, so it gradually withers and withers, most of them can not integrate into the society, sadly guarding the poor house, when it is too late to regret!