In the past two days, I was very annoyed, and the company fired me

If the employee is dismissed by the employer without any fault, and the employer's practice is an illegal termination of the labor contract, the employee may claim compensation equal to twice the severance of the illegal termination of the labor contract. The relevant provisions are as follows: Article 48 of the Labor Contract Law provides that 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 worker 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 the provisions of Article 87 of this Law.

Article 87 of the Banquet contains that 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 stipulated in Article 47 of this Law.

If an employer terminates a labor contract without cause, it is an illegal termination of the labor contract, and the employer shall pay economic compensation, which shall be based on the employee's years of service in the employer and two months' salary for each year.

Article 47 of the Labor Contract Law stipulates that the economic compensation shall be paid to the employee according to the number of years of service of the employee in the employer and the rate of 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 economic compensation of half a month's salary shall be paid to the worker.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid 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.

1. According to Article 40 of the Labor Contract Law, an employer shall notify the employee in writing 30 days in advance of the dismissal of an employee. Or pay an additional month's salary without 30 days' notice.

2. Only according to the reasons for the dismissal of the employee in written notice can it be judged whether to give the employee economic compensation. or financial compensation, or no financial compensation. Article 25 of the Labor Law of the People's Republic of China 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) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, fraud in private renting, and causing major damage to the interests of the employer;

4) Being pursued for criminal large-scale pure responsibility in accordance with law. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or 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 on the basis of which the original labor contract cannot be performed, and the parties cannot reach an agreement on the modification of the labor contract through consultation. Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State. Article 29 Under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations. Article 30 If an employer terminates a labor contract and the labor union deems it inappropriate, it shall have the right to put forward opinions. If the employer violates laws, regulations or labor contracts, the labor union has the right to request a new treatment; Where a worker applies for arbitration or initiates a lawsuit, the trade union shall provide support and assistance in accordance with law.

Article 98 Where an employer terminates a labor contract in violation of the conditions stipulated in this Law or deliberately delays the conclusion of a labor contract, the labor administrative department shall order it to make corrections; If damage is caused to the worker, he shall be liable for compensation.