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If you don't want to do it there, you can ask for compensation, which is twice the amount of the severance payment, which is paid to the worker according to the number of years of service in the company, 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. You do it for two years, which means that there are two months of severance payment, and the compensation is twice the severance payment, so you can get four months of compensation.
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Labor Arbitration... You must go, you can basically get compensation, I'm in the personnel business, listen to me.
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After working in the company for more than a year and not signing a contract, he must not have paid five insurances and one housing fund.
In this case, the dismissal shall be compensated in accordance with the provisions of the Labor Law and the Labor Contract Law.
Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.
If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
Judging from the above provisions, you will be compensated for a maximum of 11 months' salary. This can be arbitrated in labor disputes, and it should be supported.
In addition, if you do not pay the five social insurances and one housing fund, you can also file a complaint with the human resources and social security department, because the five social insurances and one housing fund court does not care.
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If he sends you cash, relatively speaking, there is less evidence, as long as you can substantively prove that you have worked with him for more than a year and have a labor and labor cooperation relationship, then it must be that you can sue him after labor arbitration, and you can get compensation and compensation.
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Hello! Because there is no contract protection, you may not be compensated, this is also a lesson, remember to sign a labor contract with the company after successful application in the future.
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You have been fired from the company for more than a year, and you are asked how to compensate, A, first of all, you did not sign a contract, the company deceived you, and now you can take your valid certificate to the labor society to sue the company, and you will be compensated according to the provisions of the labor law.
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Unless you have enough evidence to prove that you have worked in the company for more than a year, you will not be compensated if you are fired without signing a contract, even if you go to court, it is useless, and there is no legal protection without a contract.
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You have not signed a contract with the company, and you should not be compensated if you are fired by the company after working for more than a year, and if you do not sign a contract, you are considered a laborer hired by the company, and the company can fire you at any time, as long as you are not owed wages.
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In the case you mentioned, according to the relevant laws and regulations of the Labor Contract Law, the first thing you need to do is to prove the employment relationship. The Labor Contract Law stipulates that the company shall sign an employment contract with the employee within one month from the date of employment. If it is more than one month but less than one year, double monthly wages shall be paid.
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If the company wants to lay off employees, if it meets the requirements of Article 41 of the Labor Contract Law, it needs to pay economic compensation for half a month's salary in accordance with the provisions of Article 47. However, if it does not fall under the circumstances specified above and has not gone through the legal procedures, it is an illegal termination of the labor relationship, and it is required to pay the "employer who dissolves or terminates the labor contract in violation of the provisions of this Law" as stipulated in Article 87 of the Labor Contract Law, which stipulates that "if the employer dissolves or terminates the labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law." ”
In summary, according to Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, "the starting date for the employer to pay twice the monthly salary to the employee as stipulated in the preceding paragraph shall be the day after the expiration of one month from the date of employment, and the deadline shall be the day before the written labor contract is supplemented".
If you really can't, you can apply to the local labor department for arbitration.
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You can claim 11 months of double pay, and if the company unlawfully dismisses you, you can claim classic compensation. If the negotiation with the company fails, you can apply for labor arbitration to protect your rights and interests.
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You will not be compensated for not signing a contract, and you have no evidence that you are an employee of the company.
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Double wages and compensation depending on the reason for dismissal.
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I signed a 3-year contract and worked for almost a year, and the company wants to fire me, how much should I be compensated.
Hello, I am very happy to ask you your question, signed a three-year labor contract, worked for one year, the factory dismissed you, then the factory needs to pay you an additional month's salary, if you do not buy insurance for you, you can ask the factory to make up for you, and you need to get the factory's dismissal certificate, you can apply to the local social security bureau for unemployment benefits, as long as your unit has purchased insurance and unemployment insurance for you, then, You can receive unemployment benefits for no less than two months and no more than 24 months, so I wish you all the best and your family happiness and well-being
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The company did not sign a contract, and after leaving the company, you can find the company to compensate Huihui. Failure to sign a contract by a company is an offence and the company can be required to pay double compensation. As long as the materials can prove the labor relationship, the processing process is to first mediate and settle the case, and if you are unwilling to mediate, you will arbitrate, and if the arbitration result is unacceptable, you will litigate.
If the compensation is still not made after the lawsuit, it may apply for compulsory enforcement.
According to Article 87 of the Labor Contract Law, if the employer dissolves or terminates the 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. In addition, economic compensation shall be paid to the worker at the rate of one month's salary for each full year of 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. >>>More
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