The company dismisses an employee without reason, why does the company dismiss an employee without r

Updated on society 2024-05-09
5 answers
  1. Anonymous users2024-02-10

    If you don't pay the hardware, you have to make up for it, but the insurance can't be given to the individual in cash. If you can make up for it, both of you will have to make it up and give the money to the social security center.

    In accordance with the Labor Contract Law.

    Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    About financial compensation.

    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.

    It's best for you to go to your local labor inspectorate for a consultation... Go complain ...

  2. Anonymous users2024-02-09

    According to the labor law, you will be compensated 70% of your basic salary for three years.

  3. Anonymous users2024-02-08

    No. The contract expired.

  4. Anonymous users2024-02-07

    1. Just because I had dinner with the leader last time, I pushed him to the ground when I was rushing to pay the bill, and then I was fired.

    2. I was just fired last month, and the reason given by the boss was that I thought the salary I gave you was too high, so do you want to go home and rest for a while, let me think about it.

    3. In the past, a male colleague of the company was fired: because he didn't live in a five-star hotel on a business trip, he didn't live in a five-star hotel for 7 days, and the reason: it damaged the company's high-end luxury image (the company stipulated that he lived in a 5-star at that level, and the company reimbursed him, and he said that in order to save money for the company).

    4. Say that my shoulders are too broad for me to wear a suit.

    5. In the past, the company's boss fired a female celery in the sales department, the reason was that she was too thin, he felt that it was not good-looking, and he liked the kind of chubby girl who looked festive, saying that he was lucky.

    6. The boss feels that there is a problem with the character of a colleague who has left the company, and I happen to have a good relationship with her, so as to doubt my character, and now the company asks me to make a decision between my colleagues who have left the company, if I have a little contact with my colleagues who have left the company, I choose to be myself.

    7. Our job is to follow the order, as long as the goods arrive in the warehouse, there is no business for us. During the epidemic this year, the customer didn't want the goods, and then I was dismissed....

    8. I was just fired last month, because a colleague asked for leave, and the boss said that I didn't tell him that the colleague asked for leave first, the problem is that I don't know that he asked for leave, and the leave form was submitted directly to the boss.

    9. The reason why I was fired from my last job was because I didn't say hello to him at a party, and then I was fired.

    10. He was expelled for not going to socialize and drinking.

    What should I do if I am dismissed for no reason?

    Employees are often in a weak position, at this time they must know how to collect relevant evidence, and then they can take up the law to protect their legitimate rights and interests. Once you are dismissed without cause, you must know how to do it according to the following steps:

    1. You should commute to and from work normally, and leave a record of your attendance normally, so as to prevent the company from using this excuse to dismiss you without compensation;

    2. Keep the pay slips, attendance sheets, work cards, and the testimony of colleagues to prove that you work in this company;

    3. After the evidence is ready, you can directly go to the labor arbitration department to complain, or find a professional lawyer to help deal with it.

    In fact, for the dismissal of the company, if the company is illegally dismissed, the company can be required to implement the 2n+1 compensation plan, and if the contract is terminated through mutual negotiation between the two parties, it is necessary to implement the n(n+1) compensation plan.

  5. Anonymous users2024-02-06

    The employer is required to issue a written dismissal letter, and then you can apply for labor arbitration to claim compensation or compensation according to the different reasons for dismissal. When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. If an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation.

    If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. The unit needs to pay economic compensation for the economic layoff and dismissal of employees. If the employee seriously violates the company's discipline, the employer does not need to pay compensation.

    There is no financial compensation for dismissal during the probationary period because they do not meet the employment requirements. Legal basis: Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee 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 harm 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 unit, or refuses to make corrections after being proposed by the employing unit; (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 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 Paragraph 1 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 renews the labor contract and the employee does not agree to renew the labor contract; (6) Terminating a 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.

    Labor Contract Law of the People's Republic of China

    Article 48.

    If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it;

    If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

    Labor Contract Law of the People's Republic of China

    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 employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

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