Our company is ready to fire the employee, but he has been working for 3 years and has not signed a

Sign a contract and compensate twice the salary, otherwise it will be the same if they sue you.

Talk to him first to see what kind of attitude he has towards the company's dismissal, if the reaction is very intense, you can try to discuss paying him back wages for a period of time or simply giving him a certain amount of compensation, under normal circumstances, employees are not willing to find arbitration to deal with this kind of matter, and they are afraid of causing unnecessary trouble to their future job search. In short, the first few masters are not unreasonable, but from the perspective of your company's cost reduction, I don't think it will be what you want

Sign the contract, pay the insurance, and then use a period of time to dismiss, or you will be troublesome.

The provisions of the Labor Contract Law are as follows:

Chapter II Conclusion of Labor Contracts.

Article 7 An employer shall establish a labor relationship with a worker from the date of employment. The employer shall establish a roster of employees for future reference.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 11 Where an employer fails to conclude a written labor contract at the same time as employing the workers, and the labor remuneration agreed upon with the workers is not clear, the labor remuneration of the newly recruited workers shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations. Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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. If the monthly wage of a 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 to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment 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.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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 in accordance with Article 87 of this Law. For details of the Labor Contract Law, please refer to **.

Hope it helps.

If you do not have an employment contract, you can claim compensation. According to Article 82 of the Labor Contract Law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay twice the employee's wages. Therefore, you can claim compensation for double wages.

However, you should note that if your employer takes the initiative to sign an employment contract with you, and you refuse to sign an employment contract with the employer, you will not be able to claim double wages. According to Article 5 of the Regulations for the Implementation of the Labor Contract Law, if the employee does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the employee in writing to terminate the labor relationship, and shall not pay economic compensation to the employee, but shall pay the employee the labor remuneration for the actual working time in accordance with the law. Generally speaking, the total time limit of your work should be reduced by one month, for example, if you have worked for six months and the employer has not signed a labor contract for you, then you can claim that the company will compensate you for five months.

Therefore, as long as your company does not take the initiative to sign a contract with you and you refuse, you can ask the company to compensate you twice the salary.

You can directly prepare the labor contract and go to the labor dispute arbitration commission where the company is located to apply for labor arbitration.

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What kind of compensation should I get if I work for a company for 15 years and am dismissed by the company without reason?

If you are dismissed after working for three years, the company needs to compensate you with some money, including double wages for not signing an employment contract, and one month's salary for each year of service.

In this case, it is already a contract, you can complain to the human resources and social security department, and provide evidence (salary accounting) to the department, the testimony of the worker, recover the four insurances and one housing fund, and the company will dismiss you for not less than one year and compensate you for one month's salary. The human resources and social security department will give you justice.

According to the regulations, it is illegal for the employer to sign a labor contract for the job, which has not been signed for three years. So I can't talk about the second thing he dismissed. Even if there is no labor contract and a de facto labor relationship is formed, you should be compensated for dismissal, at least one month per year!

If there is no employment contract, you must have evidence to prove that you have an employment relationship with the employer, and the evidence that can prove the employment relationship between you and the employer includes: monthly salary payment records, employees' daily attendance records, work permits or related documents issued by the employer to employees, social security payment records, etc., the more the better.

In the event of dismissal, the employer must give written notice, on the basis of which the employee can claim compensation of one month's salary*2 per year.

Not a professional, just a word of experience.

1) Three years of service, according to the Labor Contract Law, is already a de facto contract and is indefinite.

2) The compensation is divided into two parts: a) compensation; b) liquidated damages; Both bonuses are based on the number of years of service, i.e. 3 years.

3) Whether or not to give advance notice, and if it is not one month in advance, it is necessary to compensate for one month's salary.

All of the above are based on the provisions of the Labor Contract Law.

1. To establish a labor relationship, the employer shall sign a written labor contract with the employee in accordance with the law. If the contract is not signed, according to Article 82 of the Labor Contract Law, the employee shall be compensated for double the salary within one year from the second month.

2. If the employer unilaterally terminates the labor relationship, it shall pay compensation to the employee in accordance with Article 47 of the Labor Contract Law.

3. If the labor relationship is terminated illegally, the employee shall be compensated for double the salary in accordance with Articles 47 and 87 of the Labor Contract Law.

4. Compensation and compensation are calculated on a basis based on average wages over the past 12 months.

5. **12333 Pay attention to the preparation of complete evidence and evidence catalog, and apply for legal aid when necessary.

The compensation for dismissal after three years of failure to sign a contract includes: one month's compensation for each year of service to the employee, and two months' salary for not signing a labor contract. The two parties shall negotiate in a friendly manner, and if they cannot reach an agreement through negotiation, they may apply for labor arbitration to seek a solution.

1. How to compensate the unit for being dismissed after not signing a contract for three years?

The compensation for dismissal after failing to sign a contract for three years includes: paying compensation to the employee at the rate of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be paid as compensation; if it is less than six months, the worker shall be paid half a month's salary as economic compensation; If the employer does not sign the labor contract, it shall pay the employee twice the monthly salary from the date on which the labor contract for an indefinite period should be concluded.

2. What are the precautions for severance in the labor contract?

Severance is the severance paid to an employee when the employer terminates the labor contract. Severance is a one-time economic subsidy paid by the employer to the employee in accordance with the law after the termination or termination of the labor contract.

1) The scope of the calculation base of severance should be clearly distinguished in strict accordance with the provisions of the law, and the items that belong to the scope of wage income and which should be excluded should be clearly distinguished, and the items obtained on this basis can be legal and reasonable.

2) The wage standard for calculating severance is the average salary of the employee in the 12 months before the termination of the contract under the normal production conditions of the enterprise. It should be noted that the basis for calculating wages here is the remuneration received by the worker under the normal production conditions of the enterprise, not the labor remuneration received by the worker under the normal work situation. Therefore, the average monthly wage of the employee may be lower than the normal monthly wage.

3. What are the employees who are not allowed to be dismissed at will by the employer?

The employer shall not terminate the labor contract with the employee under any of the following circumstances:

1) Workers engaged in operations that expose occupational disease hazards have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

If the employer terminates the contract in violation of the law, then it will have to bear the legal responsibility, so that its legitimate rights and interests can be well protected. If necessary, you can apply to the Labor Bureau for arbitration.