Labor law dismissal compensation, labor law dismissal how to compensate

According to Article 50 of the Labor Contract Law, when the employer terminates the labor contract, it shall issue a written certificate of dissolution or termination of the labor contract, if not, the labor relationship between you and the company has not been legally terminated, therefore, if you are still in the term of the labor contract, then, in May 2010, the company should treat you as providing normal labor and pay you full wages, and then until the end of the contract period, you should pay 80% of the local minimum wage standard for living expenses. At the end of the contract period, if the company does not renew the labor contract with you, you can ask for corresponding economic compensation. At the same time, you can also ask the company to pay social insurance premiums for you according to the law.

I don't know if your company is a state-owned enterprise or a private enterprise?

If it is a state-owned enterprise, then the employee is entitled to a certain amount of home visit leave according to the law, and as long as you meet the conditions for home leave, the company cannot of course dismiss you.

If it is a private enterprise, then the employee does not have family leave, in this case, the company is likely to fire you for absenteeism, in which case, you are more passive.

If you initiate arbitration, you can claim: (1) compensation for unlawful dismissal (since you have worked for 7 months, then 2 months' wages are payable as compensation according to law), and (2) back payment of social security.

If you claim compensation, you will be paid double the amount of economic compensation, and you will be required to apply for social security.

You can get financial compensation for one month's salary, and you can also ask the employer to pay back social security expenses!

If the leave is not approved, it may be considered an unauthorized departure. You have to be mentally prepared. The basis on which the facts of the legal proceedings are determined is evidence.

Retroactive payment of wages from May 2010 to the present.

Supplementary payment of social security during the working period.

Requests for termination of the employment contract are required for 4 months of severance payment.

Legal analysis: severance compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of 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 as economic compensation.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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.

Monthly wage refers to the average salary of an employee in the 12 senior months prior to the termination or dissolution of the labor contract.