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First of all, you have to take the labor contract to the labor arbitration in the local jurisdiction to apply for arbitration, it is best to let the company give a written notice of termination of the labor contract, if not, to prevent the company from saying that it does not want to terminate you, it is you who do not come, you have no evidence to prove that it will be troublesome, furthermore, you can ask the unit for one month a year, and ask the unit to illegally terminate the labor relationship compensation, which is twice the economic compensation, but the two can only ask for the same, it is recommended that you ask for compensation, As for the 30% bonus, you can ask that although you have not completed three years, this is not your fault, it is caused by the termination of the unit, let the arbitral tribunal adjudicate.
Then continue to work, if you don't want to leave, just continue to work, after all, there is no written notice, if you want to be dismissed, you have to ask him to issue a written notice, otherwise it is a personal behavior, there is a problem that is not explained clearly, and after returning to the unit, work should be careful, to prevent you from wearing a hat to solve you...
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A little doubtful, 1, the company will call you ** to say that the labor contract is terminated, indicating that there is no evidence to prove the termination of the relationship, it is recommended that you go back to the company to confirm and ask for a certificate of termination of the relationship, which is used in labor arbitration or labor dispute lawsuits.
2. The department manager only has the right to submit the notice of termination of labor relations, and the personnel department should be responsible for other things.
3. Are you involved in factional warfare in the company? If so, you should be cautious about all similar issues to avoid being voluntarily resigned.
If the fact belongs to being dismissed, borrow someone else's shb 2012:
1. The remaining 30% of the bonus payment contract is invalid, which excludes the right of the employee to receive the bonus and should be paid.
2. If the company terminates the labor contract without reason, it is illegal to terminate it, and it shall give economic compensation in accordance with the relevant provisions of the Labor Contract Law.
3. Compensation should be obtained: the remaining bonus is more than 5,000; 4,500 notice of termination of labor contract; severance payment of more than 6,700 (monthly salary); More than 16,200 in total;
It is advisable to apply for labor arbitration.
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The unit will use your absenteeism and your termination of the labor relationship, you had better take the evidence of the existence of labor relations with the unit to the local arbitration, preemptively, first arbitrate the unit, the unit is illegally terminated, and the economic compensation is illegally terminated Monthly salary * working years * 2 times, if your 30% is your labor remuneration, and there is evidence to prove that this 30% is paid at the end of the year, you can ask the unit to pay, if you don't understand, you can continue to ask.
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First of all, you explain your employment contract - the start and end dates, followed by the payment of various insurances, and then there is the content of the contract about wages and benefits, additional terms, supplementary insurance items, and then give you a detailed description ok?Because if you want to go through the formal way to solve the problem, the employment contract is the premise (whether it has been signed or not) and the content of the contract.
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Protected, you can request the employer to pay severance for the termination of the labor contract, and the employer and the employee shall pay severance according to the employee's wages 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. The standard is your actual salary.
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Of course you can get it. In the case of unilateral dismissal by the company, and the employee has not made a mistake on the job, the employee will be fully compensated for the obstruction of the employee's interests.
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After Miss Wang reported to the boss, the boss also supported Lao Wang's opinion, telling her to think of getting Xiao Li away, the sooner the better, it is best to complete the resignation procedures in a few days, and said that there should be no compensation and labor disputes if you want to think about it. Miss Wang was embarrassed after hearing this, and she didn't know what to do. Excuse me:
If you were Miss Wang, what would you do if you encountered this problem? Analysis: To dismiss an employee, it is not a verbal casual talk that can send the employee away, there must be a standardized process:
1. Understand the real reason for the company's dismissal of Xiao Zhang, is Xiao Zhang in the probation period or has he been regularized? The process of dismissal of probationary and regular employees is not the same. Xiao Zhang's work is not good, is it ** not good?
Does Xiao Zhang's position have a clear job description and assessment indicators? Does Zhang have a signature confirmation when he joins the company? Has Xiao Zhang's supervisor communicated with Xiao Zhang about performance problems in the past period?
And have you put forward suggestions for improvement and the consequences of not meeting the target? Is there a provision in the company's system that Xiao Zhang's work is not up to standard, even if he seriously violates the company's system, he will be dismissed? Can Zhang be retrained or transferred?
Does Xiao Zhang belong to the third period or the medical treatment period and other special employees? Was Xiao Zhang to be dismissed because of serious dereliction of duty that caused losses to the company? Does the company have the appropriate documents to prove Xiao Zhang's serious dereliction of duty or disciplinary violations?
Has the company demonstrated the magnitude of the loss? If the company's business adjustment wants to let Xiao Zhang go, does the company have other corresponding suitable positions for Xiao Zhang to go? Can Zhang be retrained and stay?
Is there any other way to deal with it other than letting Xiao Zhang leave? Xiao Zhang resigned, who will take over her job? Will a replacement be found as soon as possible?
What if the company arranges? 2. To understand Xiao Zhang's situation, HR should find out in advance whether Xiao Zhang has the intention to resign before, and if so, you can easily push the boat to agree to her resignation during the interview. If Xiao Zhang does not have this intention, HR should understand his personality characteristics and how he behaves in the company in advance to prepare for the interview.
3. Understand the minimum line of the boss Although the boss hopes that the company will not have compensation and labor disputes, it does not mean that the boss will not approve any compensation and subsidies (pay attention to the difference between compensation and subsidies), if Xiao Zhang has been working diligently in the company and resigns only because of the company's business adjustment, HR can make reasonable requirements with the boss to strive for some benefits for employees. Or to know the minimum amount of compensation or subsidies that the boss can provide, so that the minimum line can be made during negotiations.
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