Can you ask for compensation for forced dismissal, and the company forcibly dismisses the employee f

If you have not submitted a written resignation and have signed an employment contract with the company, and now the store manager wants to resign you, you can claim compensation and pay you the counterpoint money that was deducted from the sales volume. Applications can be made to the labor department.

If the behavior of the employer is seriously illegal, you can ask for double wages and double economic compensation, you can look at the provisions of the Labor Contract Law, and it is recommended that you go to the labor inspection department where the employer is located to complain as soon as possible, if there is no effect, it is recommended to initiate labor arbitration, pay attention to collecting evidence, keep the labor contract, and sign the express bill of the labor contract.

The dismissal of an employee does not necessarily require compensation, and if the employee is dismissed due to the statutory fault of the employee, it does not need to pay compensation to the employee; If the employee is dismissed without fault or due to redundancy, compensation is required. The compensation shall be paid to the workers at the rate 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.

Legal basis: Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the standard of one month's salary for each full year of the employee's 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.

The monthly wage of the 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 at three times the average monthly salary of the employee, and the maximum period 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.

If 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 stipulated in Article 47 of the Labor Contract Law.

According to Article 47 of the Labor Law, you should be compensated for 1 month's salary for every 1 year you have done, and you should be compensated for 10 months' salary for 10 years.

If the dismissal is legal, there is no compensation for the employee's statutory fault, and the rest shall be paid one month's salary severance according to the number of years of service in the unit, and the compensation shall be paid twice the severance for illegal dismissal.

During the performance of the labor contract, the employer may terminate the contract in accordance with Articles 36, 39, 40, 41 and 42 of the Labor Contract Law.

If the employee seriously violates the law and discipline, and the employer terminates the contract in accordance with Article 39 of the Labor Contract Law, there shall be no compensation. Among them, if the employer suffers losses due to the reasons of the employee, it shall be liable for compensation.

In accordance with Article 36 of the Labor Contract Law, if the employee takes the initiative to reach an agreement through consultation and terminates the contract in accordance with Articles 40 and 41, the employee shall be paid one month's salary and economic compensation every year according to the employee's working years in the unit, and shall be paid on the basis of one year if it is half a year but less than one year, and half a year if it is less than half a year. Among them, if the contract is terminated in accordance with Article 40 of the Labor Contract Law, it shall also give 30 days' written notice in advance or pay an additional month's salary in lieu of notice.

If the dismissal of an employee by an employer does not comply with the provisions of the 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 twice the severance payment.

Attached: Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

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;

Severance and payment in lieu of notice.

Where an enterprise illegally dismisses an employee, it shall pay the employee compensation at twice the rate of the severance payment. According to Article 47 of the Labor Contract Law of the People's Republic of China, severance shall be paid to the employee according to the number of years of service in the employer and the standard of two months' wages for every 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 employee shall be paid one month's salary compensation.

Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall notify the employee in writing 30 days in advance of the termination of the employment relationship. Therefore, if the company illegally dismisses the employee without 30 days' notice, the employee can claim financial compensation from the company for one month's salary.

Compensation for Dismissed Employees by the Company:

If the company dismisses an employee, if Yuqiao is illegally dismissed, it shall pay the employee twice the compensation standard; If the employer and the employee negotiate the termination, economic compensation shall be paid.

Severance shall be paid to the worker 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 old, the employee shall be paid half a month's salary. <>