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1. If the employer terminates the labor contract illegally, the employee may claim compensation;
2. If the reason for terminating the labor contract is in line with the provisions of the Labor Contract Law, it does not need to pay economic compensation or compensation;
3. If the employer cannot reach an agreement on the compensation matters, the employer may apply for labor arbitration within one year of being dismissed;
4. Legal basis: Article 39 of the Labor Contract Law [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] 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 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 87 [Legal Liability for Breach of Dissolution or Termination of Labor Contract] Where 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.
Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard 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 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.
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Regular employees sign labor contracts directly with the Postal Savings Bank, and their personnel relations files are directly managed by the Postal Bank.
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Me too, now the human resources audit, brush down the incompetent, I am also about to face. ,There's no way.,There's no equity.,By the way, ask if you're a postal business or a postal bank.,It's probably a business.。
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Legal basis: Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes
Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:
1) Disputes arising from the confirmation of labor relations, (2) Disputes arising from the conclusion, performance, modification, dissolution and termination of labor contracts, (3) Disputes arising from removal, dismissal, resignation and resignation, (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection, (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation for the source of labor, etc., (6) Other labor disputes stipulated by laws and regulations.
In general, individual enterprises cannot report to the police if they seize the wages of laborers, but can report to the labor arbitration department.
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