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Unless the employee complies with Article 39 of the Labor Contract Law, the employer is required to pay the employee economic allowance and wages.
In accordance with the Labor Contract Law
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.
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 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Dismissal without a meter and without pay
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After all, for more than a month, I must pay my salary.
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For every full year, there is one month's economic compensation for Fan Hui, less than 6 months will be calculated as half a year, and more than 6 months less than one year, it will be calculated as a year. According to what you said, you should receive at least 4 months of financial compensation from your salary.
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The employer shall pay wages.
If the employer fails to pay wages and remuneration in arrears, it may file a complaint with the labor administrative department, and if the employer still fails to pay the wages and remuneration after being ordered to do so by the labor administrative department, the employer shall also pay additional compensation to the employee. Labor remuneration shall be paid during the probationary period, and shall not be less than 80% of the provisions of the labor contract.
Labor Contract Law
Article 85 In any of the following circumstances, the labor administrative department shall order an employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable
1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;
2) Paying wages to workers at a rate lower than the local minimum wage standard;
3) arranging overtime work without paying overtime pay;
4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.
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If the boss does not pay your salary, you can go to the local labor department to complain, and if the effect is not good, you can apply for labor arbitration to protect your legitimate rights and interests.
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Yes, you should be paid for 1 day.
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It is to be compensated.
According to the relevant laws and regulations, if the company unilaterally terminates the contract without reason, it shall be compensated according to one year's service and one month's salary.
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There is no reason to be dismissed, it is to lose money, it is based on the average salary of three months, not according to the basic salary. If you don't buy social security for her, you will have to pay for it.
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According to Article 47 of the Labor Contract Law, "monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. "Your average monthly salary = 2 months of total real salary income 2, monthly severance = 2 months of total real salary income 2 2.
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