How to compensate for the dismissal of the manufacturer just over six months

Updated on parenting 2024-05-09
6 answers
  1. Anonymous users2024-02-10

    1. The employer may terminate the labor contract in accordance with the law;

    2. Workers shall receive corresponding economic compensation in accordance with the law;

    3. Whether compensation, compensation items, and compensation standards shall be based on the provisions of the labor contract;

    4. Disputes arising from the performance of labor contracts can be resolved through negotiation or through arbitration and litigation;

    5. Labor Contract 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 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.

    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.

    Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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.

    Article 49: The State shall take measures to establish and improve a system for the transfer and continuation of workers' social insurance relations across regions.

    Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

    The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

    The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

  2. Anonymous users2024-02-09

    Depending on how you signed the contract, you can claim up to 2n+1 compensation, n for the number of years you have worked.

  3. Anonymous users2024-02-08

    On a one-year basis, compensation for one month's salary

  4. Anonymous users2024-02-07

    Legal Analysis: According to the specific analysis of specific issues, if an employer dismisses an employee without reason, it shall be deemed to have terminated the labor relationship in violation of the law and shall pay compensation.

    Legal basis: Labor Contract Law of the People's Republic of China Article 40 In any of the following circumstances, the employer may terminate the labor contract 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 cannot perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; (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 at the time of its conclusion, 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.

  5. Anonymous users2024-02-06

    According to the specific analysis of specific issues, if an employer dismisses an employee without cause, it shall be deemed to have terminated the labor relationship in violation of the law and shall pay compensation.

    Legal basis: In any of the following circumstances, the employer may terminate the labor contract 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; (3) There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, and the labor contract cannot be performed due to filial piety, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

  6. Anonymous users2024-02-05

    According to the specific analysis of specific issues, if an employer dismisses an employee without a positive attitude, it shall be deemed to have terminated the labor relationship in violation of the law and shall pay compensation. According to Article 40 of the Labor Contract Law of the People's Republic of China, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee 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 is based at the time of conclusion, which makes 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.

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