How can I compensate for working in a private company for 13 years, leaving my job for three years,

I left my job for three years on the way, and now I am facing dismissal, how can I compensate.

In accordance with labor laws.

Your employer is obligated to compensate you for your time in the company when you leave your job and come back to work for the company.

Like you. Leave of absence for three years.

He then worked in the unit for 8 years.

Then you need to be compensated for 8 months' salary.

The premise is that you are not fired for reasons such as violating labor discipline or something.

According to the labor law, the company dismisses employees for one year of service and compensates for one month's salary. You will be compensated for a few months of wages after you have worked for the company for a few years.

After 13 years in the company, will there be compensation after resignation?

Generally speaking, voluntary and voluntary resignations are due to new plans or employers. In this case, you will not be entitled to unemployment benefits or financial compensation. Because companies make good use of their employees, they want to hire workers for a longer period of time.

If an employee resigns, the employer needs to find a new employee to replace it, which also requires cost and training time. It is very unreasonable to demand compensation from the company.

There is generally no financial compensation for the voluntary resignation of old employees. However, if the employer is at fault and the employee resigns, the employee may claim economic compensation from the employer. Under any of the following circumstances, the employer may terminate the labor contract and claim economic compensation:

Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; Failure to pay labor remuneration on time and in full; Failure to pay social insurance premiums for workers in accordance with the law.

However, relatively speaking, there are still some provisions in the law. If the employee voluntarily resigns, the employer shall also compensate him/her. Situation:

According to Article 38 of the Labor Contract Law, the employee may terminate the labor contract if the employer has corresponding circumstances. Article 38 stipulates seven circumstances, in particular, if the employer forces the worker to work by means of violence or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders risky work that endangers the personal safety of the employee, the worker may leave immediately. Article 46 of the Labor Contract Law also clearly stipulates that if the labor contract is terminated in accordance with Article 38, the employer shall pay economic compensation to the employee.

If the termination of the labor contract is a normal termination of the labor contract, if an agreement is reached with the employee at the time of termination, only severance can be paid instead of this. This is not supported if only 10 years of service is used as a reason; However, even if the employee has worked for less than 10 years, the termination of the labor contract by the employer is an illegal termination of the labor contract. As long as the employee can produce evidence to prove that the employer has illegally terminated the labor contract, he can claim economic compensation.

There will be compensation, according to the national labor law, you need to be given one month's salary compensation after working in the company for one year, and you should be given 13 months' salary as compensation after you resign after working in the company for 13 years.

After resigning, there will be compensation, you need to apply with the company, and you need to check in.

There will be. Because you have worked for 13 years, the company will thank you for your hard work.

Hello, whether an employee can get severance when he resigns needs to be analyzed on a case-by-case basis. If the reason for the employee's resignation is due to the fault of the company, the employee can get severance for the resignation, of course, the fault here needs to comply with the provisions of the law, if the employee's resignation is purely for his own reasons, and the company has no "statutory" fault, the employee can not get severance for voluntary resignation.

Under what circumstances can an employee voluntarily leave the company and receive severance payments? There are mainly the following situations.

1. The company does not provide labor protection or working conditions to employees.

The company is obliged to provide employees with working conditions such as workplaces, office equipment, office software, etc., because without these conditions, employees cannot complete their work tasks, and employees themselves are not able to provide these conditions. For employees with special types of work, such as those working at height, the company needs to provide them with labor protection.

If the employee is unable to carry out work due to the company's refusal to provide the appropriate working conditions, the company shall pay economic compensation.

2. The company did not pay the full amount of wages to the employees.

Employees who provide labor to the company shall receive full labor remuneration from the company in accordance with the provisions of the labor contract, including basic salary, bonus, allowance, overtime pay, etc. If you have the same experience, take the initiative to resign from the company at the same time you can claim compensation from the company, and the company is unwilling to pay labor arbitration. The reason for resignation is stated in the resignation application as "the company has not paid wages in full", which can be used as evidence for future applications for labor arbitration and litigation.

3. The company fails to pay social insurance premiums for employees in accordance with the law.

The company must pay social security for the current employee, and if the employee leaves the company due to the company's failure to pay social insurance, the employee can request the company to pay compensation. If the company fails to pay social security or provident fund according to the normal salary, the employee will not be able to receive compensation for resignation, but can complain to the labor department and request the company to pay social security and provident fund.

4. The company's rules and regulations violate the provisions of laws and regulations and damage the rights and interests of employees.

Many companies will formulate rules and regulations to regulate employee behavior and systematize and standardize the company's internal operations. If the company's rules and regulations violate laws and regulations and cause damage to the rights and interests of employees, such as excessive overtime hours, no compensatory leave and no overtime pay, etc., the employee can claim compensation for resignation.

In addition to the above-mentioned situations in which the company should pay compensation to employees who voluntarily leave their jobs, there are also some situations that may be relatively uncommon, such as the company uses fraud, coercion or taking advantage of the danger of others to make the employee conclude or change the labor contract against his true intentions; The company uses violence, threats or illegal restrictions on personal freedom to force employees to work; The company commands and forces employees to work at risk in violation of regulations, endangering the personal safety of employees.

In the event of the above-mentioned circumstances, the employee may request the company to pay severance if he or she voluntarily resigns, and in other cases, the employee will not be able to obtain severance if he voluntarily resigns.

At present, no, because it is up to you to resign, if you are forced to resign, but the contract is still valid, then you can compensate for two months' salary at this time.

Generally, there is no compensation, and if it is the fault of the employer, then you can claim financial compensation.

If the company may be required to compensate for the illegal termination of the labor contract, the 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 company; 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. Paragraph 1 of Article 47 of the Labor Contract Law of the People's Republic of China stipulates that severance 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.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China 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 unit. 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.

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. For the purposes of this Article, the term "monthly wage" refers to the average wage of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Summary. Hello, it's a pleasure to answer for you! If I resign from working in a private company for ten years, is there any compensation:

In the absence of compensation, the employee voluntarily resigns voluntarily, which is not within the scope of economic compensation, and the employer must unilaterally dissolve or terminate the labor contract, or the employee resigns under Article 38 of the Labor Contract Law, before economic compensation can be paid to the employee.

If I resign from working in a private company for ten years, is there any compensation:

Hello, it's a pleasure to answer for you! If the employee resigns after working in a private enterprise for 10 years, there is no compensation for the blind car: there is no compensation, and the employee voluntarily resigns, which is not within the scope of economic compensation, and the employer must dissolve or terminate the labor contract, or the employee resigns under Article 38 of the Labor Contract Law, in order to pay economic compensation to the employee.

Legal basis: Article 36 of the Labor Contract Law The employer and the employee may terminate the labor contract if they reach a consensus through consultation. 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) Failing to pay social insurance premiums and rents 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 violates rules and regulations and forces risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the worker in writing 30 days before the request for a job or paying the worker 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.

Compensation for 10 months of my average salary for the 12 months prior to my dismissal.

Whether there is compensation after being dismissed after working in the private sector for 10 years depends on the following:

1. If you are dismissed after working in a private company for ten years, it is a non-negligent dismissal, and the employer will pay you ten months' wages as economic compensation;

2. If it is an illegal dismissal, the employer shall pay compensation for 20 months of empty wages for the workers;

3. If it is a negligent dismissal, the employer does not need to compensate.

Can an employee of a private company apply for arbitration if he or she is dismissed?

Employees of private companies who are dismissed may apply for arbitration. If the applicant is an employee, please submit the following documents:

1. The labor arbitration application shall state the facts and reasons of the application in detail, in duplicate or according to the number of respondents;

2. Applicant's identity certificate and photocopy;

3. If there is a person who entrusts **, it is necessary to sign and submit the "Power of Attorney" in person, indicating the matters of entrustment, and at the same time submit a copy of the ID card of the entrusted person.

Legal basisArticle 46 of the Labor Contract Law of the People's Republic of China.

Severance Compensation] The employer shall pay severance to the employee under any of the following circumstances:

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of the labor ratio 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.