The company dismisses the employee without reason, and the company dismisses the employee without re

1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, severance payments, double wages (up to 11 months) for unsigned labor contracts, overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. The premise is that there is evidence to prove the labor relationship! For example, tooling with the name of the company, work card or work card (preferably with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and in-service are acceptable), audio and video recordings or other documents with your name and official seal (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship);

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, you can look for a new job without delay!

Legal basis: Article 1 of the Labor Contract Law!

There are relevant laws and regulations related to QQ logs.

If you have signed a labor contract with the company, when there is no reason for termination, this is a clear breach of contract, the company should bear the liability for breach of contract, and pay you the cost of compensation for breach of contract.

Legal analysis: The company cannot dismiss employees without reason, and the dismissal of employees without fault is limited to the following circumstances: 1. The employee is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or engage in the work arranged by the employer; 2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment; 3. There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Employees who are not at fault must be notified in writing 30 days in advance of the dismissal and shall be paid severance according to the number of years of service.

Legal basis: Labor Contract Law of the People's Republic of China

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 Under any of the following circumstances, the employer may terminate the labor union:

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;

4) The worker simultaneously establishes a labor-side insight relationship with another employer, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

1. Dismissal without reason is an illegal dismissal.

2. The compensation standard according to law is: two months of economic compensation for one year of work, and four months of compensation for two years of work.

3. The calculation base of compensation is: the average of the total income in the 12 months prior to resignation (i.e., the sum divided by 12).

1. The company dismisses employees without reason

1. According to the relevant provisions of the Labor Contract Law, Article 47 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.

If the monthly wage of a worker is three times higher than the average monthly wage of an 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 three times the average monthly wage, 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.

2. Article 87 If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. If an employee is dismissed by the company, compensation shall be made according to the following standards:

2. Article 47 of the Labor Contract Law of the People's Republic of China.

1. Economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year.

2. If it is more than six months and less than one year, it will be calculated as one year;

3. If it is less than six months, the worker shall be paid half a month's salary as economic compensation.

4. 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation 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.

3. The company does not need compensation or compensation for the dismissal of employees under 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;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being informed of the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

If the company's production and operation conditions are not good and seriously overstaffed, employees can be dismissed, and they must negotiate with the trade union in advance.

Is it a dismissal from the employer or a resignation from the employee? It's not the same, there is no justifiable reason for dismissal, and double the staring is like a blue to compensate for the oak Jane. There is basically no money to get out of your resignation. Only in some cases the unit has to compensate, and the labor law is specifically listed, you can see if it is compliant.