Entered the company in 2001, the company has not signed a contract, only signed in 2008, and now the

If the company is dissolved and the labor contract is terminated, the company shall pay the employee one month's salary and economic compensation every year according to the working years of the employer, for a total of 16 months. However, if the salary is 300% higher than the average salary of the province, municipality directly under the Central Government or autonomous region, it will only be paid for 12 months.

Labor Contract Law

Article 44 The labor contract shall be terminated under any of the following circumstances:

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

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.

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.

A total of 11 months of double salary compensation.

The employer dismisses or terminates the labor contract, except in special circumstances (such as serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been investigated for criminal responsibility in accordance with the law, etc.), of course, there should be economic compensation or compensation. If the provisions of the Labor Contract Law and the Labor Contract are complied with, the employer shall pay economic compensation to the employee in accordance with Article 1 of the Labor Contract Law. If the Labor Contract Law and the provisions of the Labor Contract are violated, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law.

If the employer fails to give 30 days' written notice to the employee, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. The employer shall also provide you with a certificate of termination of the employment contract as stipulated in Article 50 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

For details of the time of payment of wages upon termination of the labor contract, please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of the time of payment of severance payments, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, the employee may be required to pay additional compensation in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contracts.

The company is required to pay severance for 3 and a half months' salary, one month's payment in lieu of notice (if the company requires you to leave the company immediately), settle overtime pay, go through the procedures for resignation, and issue a certificate of termination of the contract.

If your contract has not expired, you can apply to the local labor arbitration board for help and ask your company to pay your salary for the remainder of the contract, as well as settlement compensation.

First of all, you should be clear about what you mean by the so-called cooperation between your original company and the new company. Whether you are merging your old employer into a new company or just transferring your employment relationship to a new company.

1.If your original employer is merged into a new employer, even if you do not specify it in the employment contract, if the other party dismisses you, you can still be compensated by the other party for your previous years of service. If the other party does not sign an employment contract with you, you can urge the other party to pay you double the salary for the part that exceeds one month if the original contract expires or if you have worked for the company for more than one month and still have not signed an employment contract with you.

2.If the previous employer only transfers your employment relationship to the new employer, it may be more troublesome to deal with, and it should be determined on a case-by-case basis. You can ask the original employer to give you a certificate that can prove that your labor relationship has been transferred to the new company, and go to the new company to confirm, if the new company confirms, your previous working years can be recognized by the new company, that is to say, if the other party dismisses you, you can get the compensation for the previous period; If the other party does not issue such a certificate, or if the certificate is not recognized by the new employer, you can file a labor arbitration on the grounds that the original employer illegally terminated the labor contract.

Hope it helps.

Supplementary answer: Based on the situation you added, it is best to let the first unit issue a certificate as I wrote above, and let the new unit seal and confirm, otherwise it will be very difficult to provide evidence when there is a dispute.

If both employers are willing to give you a certificate, then you can apply for labor arbitration, and ask your original employer to pay you severance or compensation for the termination of the labor contract in violation of the Labor Contract Law, and if the latter employer does not sign the labor contract for more than one month, you can ask the other party to pay double wages for more than one month. Hope it helps.

Since the new company has always stated: "I will sign a contract with you", then urge them to implement, according to the provisions of the labor contract law, if you do not sign a labor contract with you within three months, it is a violation of the labor contract law, you can apply to the local labor bureau for labor arbitration to resolve.

Since it is a cooperation between two companies, I think it is better to renew the contract according to your original company, even if you don't sign it, you still have legitimate rights and interests.

You may not be compensated for dismissal, it depends on the reason.

Article 14 of the Labor Contract Law An indefinite-term labor contract refers to a labor contract in which the employer and the employee agree on an indefinite termination time.

The employer and the employee may enter into an indefinite-term labor contract if they reach an agreement through consultation. In any of the following circumstances, if an employee proposes or agrees to renew or conclude a labor contract, an indefinite-term labor contract shall be concluded in addition to the employee's proposal to conclude a fixed-term labor contract:

1) The worker has worked for the employer for 10 consecutive years;

2) When the employer implements the labor contract system for the first time or the state-owned enterprise restructures and re-concludes the labor contract, the worker has worked for the employer for 10 consecutive years and is less than 10 years away from the statutory retirement age;

3) Where two fixed-term labor contracts are concluded consecutively, and the labor contract is renewed without the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed that the employer and the employee have entered into an indefinite labor contract.

Compensation and unemployment benefits are available.

Labor Contract Law of the People's Republic of China: Article 44 The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws and administrative regulations.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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 contract 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.

Social Insurance Law of the People's Republic of China Article 45 An unemployed person who meets the following conditions shall receive unemployment insurance money from unemployment insurance**:

1) The employer and the person have paid unemployment insurance premiums for one year before becoming unemployed;

2) Interruption of employment not due to the person's will;

3) Have been registered as unemployed and have a request to seek employment.

If you do not receive it successfully, you can file a complaint with the local labor dispute arbitration court.

Has the bank card used to pay wages at the employer not changed? Do Company A and Company C use the same card for payroll? What is your job or what you do?

If the subject of wage payment remains unchanged, there is still an employment relationship between you and Company A, and the signing of the contract with Company C is an act of Company A to circumvent the law, and the contract is not actually performed. You can claim your rights against Company A.

If the subject of wage payment changes, you may consider claiming rights against Company C in accordance with Article 10 of the Regulations for the Implementation of the Employment Contract Law.

Article 10 of the Regulations for the Implementation of the Labor Contract Law.

If an employee is assigned to work at a new employer from the original employer for reasons other than his/her own, the employee's years of service with the original employer shall be counted as the number of years of service of the new employer. If the original employer has already paid severance to the employee, the new employer shall not count the employee's working years with the original employer when calculating the number of years of service for which severance is paid when the labor contract is terminated or terminated in accordance with the law.

The bank that handled the card can find out whether you have signed a contract, and if you have not signed a contract, it is best to find evidence to prove that you work in Company C and sue Company C. A registered company C may not be a legal person and can file a lawsuit against a legal person.

You can claim severance payments from Company C and the like.

If there is no explicit clause in the original contract for automatic renewal, then the salary will be double since March, but the benefits will not be doubled, and you can get 3 months' salary compensation if you are dismissed.

This should be discussed on a case-by-case basis, has the contract been signed for one year?