Labor contract compensation issues, labor contracts and compensation issues

If the employer verbally says that it will dismiss you, and you go to work on time before receiving a formal written notice (with the official seal), if you do not come because the employer verbally says that you will not be able to go to work tomorrow, then the employer will say that no one has said that you will not be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

If you are dismissed, you will be paid 2 months' severance and an additional month if you do not give 1 month's notice.

Anyone who was dismissed in violation of the labor law was given severance payment, i.e., 4 months' salary.

Severance = Compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all wages due in the current month, which is the number before deducting personal insurance and provident fund.) ）

According to Article 87 of the Labor Regulations, 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 this Law.

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 employer terminates the labor relationship with you (or dismisses or dismisses you) in the following three situations, which situation should be paid to you and is not paid to you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation:

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

1.The company should give you one month's written notice of termination of the employment relationship, otherwise you will be compensated in lieu of notice of one month's salary.

2.If you don't make any mistakes at work, he can't just end the labor relationship, otherwise you should be compensated with another 2 months' salary according to the number of years of service.

3.In other words, the company should compensate you for 3 months' salary, and labor arbitration can generally be won.

You can claim compensation, but the standards vary from place to place, so it is recommended that you apply to the labor arbitration commission for labor arbitration.

Received your request for help, the answer is as follows:

1. If the unit goes bankrupt and the labor contract is terminated, the unit shall pay economic compensation, according to your employment years, so far, there should be 4 and a half months of salary compensation.

2. If the unit goes bankrupt during the lactation period, it will still be implemented according to the above standards without additional compensation.

If the contract is not renewed after the expiration of the 1st of the month, someone will tell you that the employer should pay double wages from January 1st, but because you are breastfeeding, the contract cannot be terminated when it expires, but is automatically renewed, so it cannot be regarded as no contract, you can fight for double salary, but the chance is not large.

Employee compensation is one of the important expenses in the bankruptcy liquidation of the enterprise, and you can declare your situation to the court and the liquidation company, and your compensation will naturally be available at the time of liquidation.

You can apply for labor arbitration at the Labor Arbitration Commission.