I was dismissed by Chinasoft notice, joined in August, and I left today, how to calculate the econom

The employer terminates the labor relationship with you (or dismisses or dismisses you) in the following three situations, which of the circumstances should you pay economic compensation or compensation but does not pay you, you can apply for free labor arbitration within 1 year to protect your legitimate rights and interests, you can contact me for detailed consultation:

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, if you have not been notified 1 month in advance, you can also claim payment in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if you terminate the labor contract.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law, we have relevant laws and regulations in the field of labor law.

If the unit is unilaterally dismissed, economic compensation shall be paid.

gold, the specific amount is:

Labor Contract Law.

Article 47 "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. 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.

You work shorter hours and are less likely to be compensated.

One month of compensation according to the number of years of service. Due to the limited conditions of online communication, the lawyer cannot fully understand the facts of the case, for your benefit, it is recommended that you bring all the relevant materials to the law firm for [face-to-face consultation] with the lawyer. According to the law, the lawyer is only responsible for the paid consultation and the client, and the above answers are for reference only and cannot be directly used as the basis for the operation of the actual case.

If we do not discuss whether the reasons for terminating the employment contract between the employer and you comply with the provisions of the Labor Contract Law and whether your employment contract is still valid, it is actually necessary to determine the time point at which the employment relationship is terminated.

According to your description, simply put, from November 2, 2011, within 30 days from the date of receipt of the dismissal notice, the employment relationship between you and your employer is still in existence, and you are still an employee of your employer within 30 days, and you shall continue to perform this contract in accordance with the content of the labor contract signed between you and the employer until the expiration of the 30-day period, when the employment contract between you and the employer is officially terminated. If the employment contract is formally terminated with the employer on December 2, 2011, the severance payment shall be calculated from November 8, 2010 to December 2, 2011, i.e. one and a half months.

The termination time is based on the dismissal notice.

The Labor Law stipulates that the employer may terminate the labor contract without compensation if the employee falls under any of the following circumstances:

Article 39 The employer may terminate the labor contract if the worker falls under any of 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 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.

Isn't it a matter of notifying you to terminate the labor contract, then of course, this time shall prevail, your company only notifies you one month in advance, and it is a reason that you should notify the company one month in advance of your personal resignation, as if the company notifies you of the termination of the contract one month in advance, you do not need to pay another month's salary, you only need to pay compensation.

Yes, compensate you for your monthly salary.

From the day you actually start working, to your last day at work!

The company is required to compensate for violating the labor contract, and the company can not compensate if you write a resignation application yourself. If you do not pay compensation, you can go to the labor arbitration department.

Yes, but the technology must meet the requirements, and the training is because the technology has not passed, so it needs to be trained and improved.

First go to the direct written test, and then interview, it seems that there are three rounds of interviews, and generally those who have done the written test questions have the opportunity to interview. Finally, those who are hired will receive a job notice, and they will also need to have a physical examination before employment, including a two-and-a-half test for hepatitis B. The medical examination report is out before the contract can be signed.

The formal compensation for dismissed employees is N+1.

In the company because of poor efficiency layoffs, if 30 days in advance notice of the employee, according to the annual payment of one month's salary can be, if not 30 days in advance, it is the length of service compensation plus one month's salary, that is, you said n+1.

It is common to hear some conventional expressions in economic compensation, such as n, n n, which can also be seen in the compensation cost accounting column of the table below.

n, n n in n refers to the number of years the worker has worked in the enterprise, and n months of wages will be paid in n years; N+1, where +1 is the so-called payment in lieu of notice, 30 days' notice does not need to be paid, if there is no 30 days' notice, then you need to pay this month's salary as payment in lieu of notice.

It is worth noting that not all resignation situations will have +1, and it is clear that there are only three statutory circumstances for the termination of the contract, and the employee is not notified 30 days in advance, and the economic compensation is n+1.

n+1。Copy.

In the company because of poor efficiency layoffs, if you notify the employee 30 days in advance, you can pay one month's salary as a year's economic compensation, if you don't have 30 days in advance, it is the seniority compensation plus one month's salary, which is what you call n+1.

It is common to hear some conventional expressions in economic compensation, such as n, n n, which can also be seen in the compensation cost accounting column of the table below. n, n n in n refers to the number of years the worker has worked in the enterprise, and n months of wages will be paid in n years; N+1, where +1 is the so-called payment in lieu of notice, 30 days' notice does not need to be paid, if there is no 30 days' notice, then you need to pay this month's salary as payment in lieu of notice. It is worth noting that not all resignation situations will have +1, and it is clear that there are only three statutory circumstances for the termination of the contract, and the employee is not notified 30 days in advance, and the economic compensation is n+1.

The formal compensation for dismissed employees is N+1.

1. If the company lays off employees due to poor efficiency, if the employee is notified 30 days in advance, it is enough to pay one month's salary as a severance payment for one year.

2. If there is no 30 days in advance, it is seniority compensation plus one month's salary, which is what you call n+1.

The company's efficiency this year is not as good as last year, but it is not very influential, and this can only require N+1, right? It is not possible to ask for 2n.

Is it? Follow-up: If the layoffs are made according to legal procedures, the maximum is n+1, and the contract is terminated illegally, only 2n can be requested.

Follow-up: Can I refuse to make a layoff? If the company forcibly lays off employees, is it considered illegal to terminate the contract?

Follow-up: It is possible to lay off employees after legal procedures. If you forcibly lay off employees, you will be unilaterally dismissed. In that case, it is possible to claim compensation of double the severance amount for the illegal termination of the employment contract.

Follow-up: Under what circumstances can a company lay off employees under the legal procedure? If I have no fault in my work that affects the company, can I refuse to make a layoff?

Follow-up answer: Article 41 In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 but more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

If the company can prove that the situation and procedures are lawful, it can also lay off employees without your consent, but it will have to pay severance payments.

The first 30 days are the seniority compensation plus one month's salary, which is what you call n+1.

In the company because of poor efficiency layoffs, if 30 days in advance notice of the employee, according to the annual payment of one month's salary can be, if not 30 days in advance, it is the length of service compensation plus one month's salary, that is, you said n+1.

After being dismissed without cause, can the severance be calculated according to n 1?

Whether or not to compensate depends on the specific system.

Conclusion: 1. What is the reason for the company to dismiss you, and the reasons are different.

du, compensation or compensation is not the same. 2. The company does not need to compensate or compensate you if you have any of the following circumstances: (1) you are proved to be ineligible for employment during the probationary period; 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 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.

3. In the following cases, the employer may terminate the labor contract (i.e., the compensation of n+1 month's wage) after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: 1) The employee is sick or injured not due to work, and is unable to engage in the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

If the employer terminates the labor relationship with you (DU or dismissal, dismissal and dismissal) is divided into the following three situations, and if you should pay economic compensation or compensation but do not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests

1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid compensation, that is, you will be paid 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, you should also pay 1 month's salary in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

If you don't pay 30 days in advance, it is the seniority compensation plus one month's salary, which is what you call daon+1.

Under the circumstances stipulated in Article 39 of the Labor Contract Law, if the employer terminates the employment relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.