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You can apply to the labor department where the company is located for labor arbitration and demand the payment of economic compensation for illegal termination.
Article 48 of the Labor Contract Law of the People's Republic of China stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this 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 in accordance with Article 87 of this Law.
Article 87 of the Labor Contract Law of the People's Republic of China Where 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.
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If the employee is dismissed without cause, the employer shall pay double the severance payment, and if the employee refuses to pay, he or she may file a complaint with the labor inspection brigade.
Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee 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, the worker shall be paid half a month's salary.
Article 87 of the Labor Contract Law 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.
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If 30 days' notice is required to dismiss an employee, an additional month's salary will be paid if the 30-day notice is not given as required. However, there are some circumstances in which the employer does not need to give advance notice to terminate the contract. If the employer unilaterally dismisses the employee without a legitimate reason, he or she needs to pay double the compensation.
The standard for the employer to pay compensation is to pay one month's salary for every full year of service in the employer. For those who have worked for less than one year and more than 6 months, they will be compensated with one month's salary, and if they have worked for less than 6 months, they will be compensated with half a month's salary.
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 10 of the Interim Provisions on Payment of Wages stipulates that if an employee makes money to the employer due to his own reasons, the employer may require the employee to compensate for the economic loss in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the employee's salary.
However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.
Remember these three points, the company fires you without cause and allows you to get double compensation.
Legal Analysis: 30 days' notice is generally required. If the company terminates the labor contract in accordance with Article 40 of the Labor Contract Law of the People's Republic of China, it needs to notify the employee 30 days in advance, otherwise it needs to pay the employee an additional month's salary as notice in lieu of notice. >>>More
Don't be self-righteous to comfort others at this time, he doesn't need anyone's comfort right now. Because being fired by the boss is a shame in the eyes of many parties. When something like this happens, he just wants to hide and not let anyone see him, and he doesn't want anyone to mention it.
Of course. If it is really as you said, if you are dismissed without any reason, you should be compensated twice! >>>More
Yes! All you need to prove is that your friend has worked without a contract! If you are a part-time employee (generally referred to as an hourly worker), you can't sue, if not, you can sue, as long as you have evidence of working in this factory, such as pay slips, etc., sue him so that the factory can make up your double salary since January 08 and sign a labor contract to pay social insurance. >>>More