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First understand how the labor law stipulates, how much you need to be compensated according to the normal needs, according to your state should be n + 1 month of salary, n is the number of years of work, according to the current state, you will definitely not pay social security, and then communicate with the company to convert social security into cash compensation to you, if it is not appropriate, labor arbitration, business.
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Compensation for two months' salary + social security converted into cash.
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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, malpractice for personal gain, causing major harm to the interests of the employer;
4) Those who have been pursued for criminal responsibility in accordance with law. Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the worker 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, the worker is unable to perform the original job or 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, making it impossible to perform the original labor contract, 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 An employer shall not terminate a labor contract in accordance with the provisions of Articles 26 and 27 of this Law under any of the following circumstances: (1) a worker suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost his 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.
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Although many units are not big and there are not many people in the company, they are "murderous", and the undercurrents between colleagues are surging, and they are jealous, just like a battlefield full of dangers.
Not only do you need to be wary of getting along with your colleagues, but you also need to be vigilant when you get along with your boss, otherwise if you are not careful, you will be the target of exclusion and be disgusted by the collective.
Working in such a unit, don't expect to work hard only to get to the top, learn to grasp the interpersonal relationship in the workplace, especially with the leader, it is also a good way to get promoted and raised.
However, when the leader has the following 3 behaviors, it is worth your vigilance, maybe you have been included in the leader's "blacklist", pay more attention!
Don't see you as your own person, marginalize you.
There is nothing more uncomfortable in the world than being marginalized.
or simply tell yourself that the unit does not plan to hire you and dismiss you directly; Either they should live in harmony and peace, and maintain a relatively balanced colleague relationship.
However, many leaders continue to make intricacies, always do not express their thoughts directly, and in order to protect themselves, they constantly bury holes for their subordinates who do not like.
In particular, you are placed in a corner that no one manages, and from then on you have no right to speak in the unit, so you can only curl up in a dark corner and silently wipe your tears.
In the face of neglect, it is best to confess your pain to the leader, and never let it go and put your future in the hands of others.
Always remember that you are the master of life. When your boss doesn't give you a chance, you should take the initiative to create opportunities for yourself to achieve your career goals.
Lift you up first, and then find a chance to step on you.
This is a trick that many leaders make good use of.
Killing can destroy a person's self-confidence the most, and make people slump from then on.
When you don't have the resources and ability to hold a certain position, and the leader suddenly assigns you a position and asks you to gnaw hard bones, then you should be vigilant.
Think about whether you have the ability to do this job well, and if you don't do it well, will you leave a handle for others and delay your own development.
If so, this is the trap set by the leader, you have to stay away and learn to refuse, instead of blindly agreeing to the other party's request and jumping into the pit yourself.
Give you a lot of work and overwhelm you.
The worst trick a leader can do is to give you a lot of work.
These tasks are not under your jurisdiction, and you don't have time to complete so much work, but the leader will not consider your feelings, and will only give you crazy work.
When you finish it, the leader will still complain to you, saying why you couldn't finish it at the beginning, and now you have finished it again?
If you don't do well, the leader will also find reasons to criticize you and say that you have poor work ability.
In fact, this is the leader wants to lay off employees in disguise, at this time, don't be stupid and take the initiative to jump into the trap designed by the other party, but learn to shirk responsibility in disguise and "play Tai Chi" with the leader.
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The boss's illegal behavior should be fined, you can get double salary compensation from the second month of your employment, there is no arbitration without a contract, you should collect evidence to the labor inspection brigade to complain or sue; If you have witnesses or other evidence here, you can do it, or you can communicate with you to get the evidence.
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The boss's behavior is naturally illegal. But if you don't have evidence of an employment relationship between you and him, it's hard to hold your boss accountable.
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I feel like you're complicating After all, you're a short-term worker, and the time isn't long anyway, it's less than two months together, and it's a day to be able to mix a day, and I don't think you need to think too much about salary, even if the boss loses money now, he won't be in arrears of wages That kind of situation is rare, after all, no one wants to get into trouble He is still afraid of being accused Everything is good to get together and disperse Even if he fires you, just be polite and ask him for money and leave, there is no need to make a big move.
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You must get compensation, the boss wants to fire you, and he will definitely force you to sign the voluntary resignation application, and resolutely do not sign it, and directly say that you have no right to force me to sign. Your colleagues ignore you, don't pay attention to it, just stick to clocking in and out normally. Anyway, the boss who forced you to resign, no matter how well you behaved, would not say good things about you.
Be sure to get the compensation, and this money will not be taken for nothing.
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The company's specific provisions on compensation for dismissed employees:
According to Article 46 of the Labor Contract Law, if an employer terminates the employment relationship in accordance with Articles 36, 40 and 41 above, it shall pay economic compensation to the employee.
Article 47 of the Labor Contract Law stipulates that severance shall be paid to the employee at the rate of one month's salary 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. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.
2. Relevant laws and regulations on termination of labor contracts and employee compensation.
Article 36 of the Labor Contract Law stipulates that an employer and an employee may terminate an employment contract if they reach an agreement through consultation.
1. Article 39 stipulates that 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.
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If the employee is legally at fault, the employer does not need to give advance notice of dismissal.
During the performance of the labor contract, the employer terminates the labor contract in the following three situations:
1. If the employee is legally at fault, the employer shall comply with the Labor Contract Law.
Article 39 provides for the termination of the contract without compensation. If the employer suffers losses, the employer may claim compensation for part of the losses.
2. If the worker is not legally at fault, the employer shall pay severance compensation.
If the employee is not legally at fault, the employer may terminate the contract in accordance with Articles 36, 40, 41 and 42 of the Labor Contract Law, but shall pay one month's salary and severance for each year of the employee's years of service in the employer, and one year if the employee has completed six months but less than one year, and if it has less than half a year, it shall be paid half a year. Among them, if the labor contract is terminated in accordance with the provisions of Article 40, one month's written notice shall be given in advance or an additional month's salary in lieu of notice shall be paid.
The wages for calculating severance payments are calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, and overtime wages.
bonuses and wages paid in exceptional circumstances. If the salary is higher than 3 times the average wage of local employees, it will be calculated as 3 times the average salary of local employees, which is lower than the local minimum wage standard.
is calculated according to the local minimum wage.
3. Compensation shall be paid for illegal termination of the contract.
If the termination of the contract by the employer does not comply with the provisions of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the contract; 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 at twice the amount of the severance payment.
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Illegal termination of the labor contract is subject to the payment of economic compensation, which is calculated according to 2n.
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This friend, as you said, you can directly apply for labor arbitration, free of charge, and you can ask the boss to pay compensation according to the law! And require full payment of five insurances and one housing fund.
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If you don't pay it, you can go to the labor inspection department to complain and ask the staff there to help deal with it.
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It depends on how your labor contract is signed, and whether it is stated that the company needs to notify you in advance of dismissal. Friendly reminder, the company will be compensated for the dismissal of employees, don't forget to ask for it.
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This is a violation of the labor contract.
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If the employer violates the law, you can ask the employer to compensate you in accordance with the law.
Settle the matter through negotiation first, and if the negotiation fails, reflect the ...... to the labor department
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It's your ability to be recognized, and I'm really helping you look forward to it
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The company can directly ask the employer for dismissal without issuing a written notice. Under normal circumstances, the company must issue a written notice to dismiss an employee, and if the employee is notified one month in advance, only the economic compensation will be paid, but if the employee is not notified one month in advance, an additional month's salary will be paid as notice.
1. What should I do if the retired employee does not issue a written notice?
If the company dismisses an employee without giving a notice of dismissal, the employee may request the employer to provide it or file a complaint with the local labor inspection brigade, and the legal basis is as follows:
Article 50 of the Labor Contract Law stipulates that the employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and shall go through the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
2. Precautions for the company's dismissal of employees
1. To determine that an employee has seriously violated discipline, it must be based on legal and effective rules and regulations, which are an important basis for the employer to dismiss an employee who violates discipline. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases clearly stipulates that the rules and regulations formulated by the employer through democratic procedures that do not violate national laws, administrative regulations and policy provisions, and have been publicized to the employees, may be used as the basis for the people's court to hear labor dispute cases. Only a dismissal decision made in accordance with legal and effective rules and regulations can become the basis for the judgment of an arbitration institution or judicial organ.
Therefore, the employer must establish legal and effective rules and regulations in order to use them as an objective basis for judging whether the employee has seriously violated discipline.
2. The rules and regulations can only have legal effect on employees if they have been publicized. Article 4 of the Labor Contract Law stipulates that:"The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.
If the employer does not have evidence to prove that the rules and regulations have been publicized or notified to the employee, the rules and regulations cannot be used as a basis for dismissing the employee. Therefore, the employer must publicize or inform the employee of the legal and effective rules and regulations, so that it can be used as an objective basis for judging whether the employee has seriously violated discipline.
3. There must be evidence to prove that the worker has seriously violated the rules and regulations. If the employer fails to collect and preserve evidence that can prove that the employee has seriously violated the rules and regulations, even if the employee has really violated the discipline seriously, the employer will lose the case if it fails to provide evidence in the labor dispute. Therefore, in the event of an employee's serious violation of rules and regulations, the employer should collect evidence in a timely manner.
In practice, it is the most effective and convenient way to require employees to make written reviews or explanations, explanations and commitments, and to keep them on file for future reference.
4. Perform the procedures of notifying the trade union and the person.
If the employee suffers significant losses due to personal reasons, the company can not only directly terminate the labor contract, but also demand economic compensation for the losses caused by the employee. So everything needs to be judged according to the individual and the company's situation.