I have been working in the company for more than 7 months, and I was dismissed for not working overt

If the employee does not work overtime, and the employer dismisses the employee on the grounds that the employee did not work overtime, it is an illegal dismissal, and the employee may apply for labor arbitration and require the employer to pay compensation for the illegal dismissal.

How to Apply for Labor Arbitration:

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.

Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's 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.

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 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; 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 in accordance with Article 87 of this Law.

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.

Hello: According to your description and the provisions of the law, the company's termination should be illegal, and the company cannot terminate you on the grounds that you do not agree to work overtime, and you can ask the company to pay you compensation for illegal termination of the labor contract. Since you have worked for 7 months, you can claim compensation for about 2 months' wages.

Legal analysis: on the first day of work for new employees, if the company feels that it is not suitable, it can be dismissed, but the company must give the salary of today's work, because in any enterprise new employees have a trial period, for one week, some for three days, if both parties feel that the other party is not suitable, then they can be dismissed, but the dismissal must be paid at the same time.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

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 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

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 labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Summary. Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law. The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

I have been working in the company for 16 months without signing a labor contract, a month without a designated rest time, today I was asked to work overtime at night, I did not work overtime, the boss verbally said that I do not work overtime, I will not use my limbs to work, I asked him what reason I did not use to work, he said that I violated the company's regulations and did not work overtime.

Hello, LegalPro lawyers are at your service.

This is the case with your company.

There is no reason for it at all, and it is a violation of the relevant provisions of the labor law.

How to get the most compensation.

For now, you're on the job of leaving your job.

No. I mean.

You can get the most compensation if you leave the company yourself.

He didn't give me a written dismissal.

You can resign voluntarily.

Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the worker does not enter into a written contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law. The starting date for the employer to pay twice the monthly wages to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is concluded.

I've been working for 16 months, can I get back double my salary for those 16 months?

It was 15 months.

The fixed salary is calculated based on an average of 12 months of wages in a year.

Well, yes.

Can't be expelled.

According to Article 39 of the Labor Contract Law, 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.

And your behavior is not as serious as the above.

The company's top management may scare you, and if you really want to be fired, you can apply for labor arbitration.

Whether it constitutes a serious violation of the rules and regulations of the employer.

If so, the employment contract can be unilaterally terminated.

The following clauses are for the fault of the employee, and the company will not pay severance compensation.

During the probationary period, it is proved that they do not meet the employment requirements.

Serious violation of the rules and regulations of the employer.

Employees who are seriously derelict in their duties, engage in malpractice for personal gain, and cause significant damage to the employer, establish labor relations with other employers at the same time.

Those who have been pursued for criminal responsibility in accordance with law.

By means of fraud, coercion, or taking advantage of others.

If the rules and regulations stipulate that sleeping at night is dismissed, the company does not need to pay economic compensation, if the conditions for dismissal are not met, it is an illegal dismissal, and two times the compensation should be paid. It is advisable to immediately collect a study of the rules and regulations as evidence for subsequent arbitration.

Can't be fired, the law only seriously violates the company's rules and regulations, can be lifted, but sleeping is not a serious violation (unless the nature of your work determines that you can't sleep, otherwise it will cause serious losses), if it is not a serious violation of the company's rules and regulations, the company needs to compensate, according to the standard of one year and two months (after January 1, 08), before January 1, 08 according to the standard of one year and one month, the sum of the two is your compensation.

First of all, consult the company's human resources department to see if there are any relevant work discipline violations. That is, the work rules and regulations (the rules are issued and studied in writing, do you know it?) ）。

If the violation is not clearly stated in the regulations, you can appeal to the relevant department of the company.

First of all, you have to explain, is it just because you fell asleep this time, you will be fired, the consequences of your dereliction of duty are serious to the unit, if not serious, then the company is illegal to terminate the labor relationship, since you have signed an indefinite labor contract, you can ask to continue to perform, or ask to pay double economic compensation, work for one year, give one month's salary, the sum multiplied by 2

If there is no loss, it is not illegal to dismiss you at this time, and you can go to arbitration and ask him to continue to perform the employment contract, or ask him to pay you compensation for illegally terminating the employment relationship.

Absolutely, even if the probation period is up to 6 months (if you sign a contract for more than three years), you are forced to work overtime every day, and you haven't rested, and you work more than 12 hours a day, which is a serious violation of the labor law.

If you want to resign after signing the contract, you can resign as long as you notify the company one month in advance, but you don't have compensation.

Li Luo, who didn't sign the contract, just left.

If your company does not pay you the full amount of wages, you can apply for arbitration at the local labor bureau and ask for back wages, and if the documents are withheld, you can ask for the return of the certificates.

If the company promises a very good salary, you can choose to work for a year, if you have left evidence such as payslips (to prove that you have worked in the company for one year), then the labor law believes that you have signed a labor contract with the company without working years, you can ask the company to fulfill the commitment, and if the company wants to quit you, you need to pay you compensation, and the promise must also be fulfilled...

You can go to your local labor arbitration!

The legs are on yourself, why do you have to stay in such a black shop?

It is still recommended that you go to court, you can't cheapen them.