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The company can get the economic compensation paid by the company for dismissal, specifically 1If you do not give 30 days' notice of dismissal, you will be given one month's salary as notice. 2.
Severance payment, one month's salary for one year of service as economic compensation, less than half a year is calculated as half a year, and less than half a year is calculated as one year. The specific amount is the average take-home pay for the 12 months prior to dismissal, i.e., including overtime pay, bonuses, benefits, etc. 3.
Unemployment benefits issued by the Social Security Bureau are also one month after one year of service. To sum up, if the employer does not pay you the compensation you deserve, you should not sign the resignation letter easily, because the enterprise must have a legal and legitimate reason for dismissing the employee, and the employee's signature must be confirmed before going to the labor bureau to terminate the contract. In addition, it should be mentioned that if you quit yourself, you will not be able to receive the third item, that is, unemployment benefits, and you can only enjoy them until the next voluntary unemployment of the non-employee.
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There is no compensation for the resignation of the worker himself. Only if the employee voluntarily terminates the contract, he or she will be compensated only if he or she meets the requirements of Article 38 of the Labor Contract Law.
Attached: Labor Contract Law
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.
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One month's salary is paid for each full year of service.
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Upstairs is very careful, you can take a closer look at the labor contract law, or you can go to the local labor arbitration department for consultation.
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If you have already applied for resignation, there may be some problems with the company's practice of requiring you to re-sign the employment contract. First of all, according to the Labor Contract Law of the People's Republic of China, an employment contract shall be signed on the basis of mutual agreement between the two parties, and shall be signed before the establishment of an employment relationship between the two parties. You have been with the company for a period of time, but you have not signed an employment contract, and it may be illegal for the company to require you to sign an employment contract before you leave the company.
Secondly, if the company requires you to re-sign the employment contract, it may be to avoid legal liability. For example, the company may not have paid social insurance, provident fund, etc. for you in accordance with the law, and if you sign an employment contract, the call may definitely constitute evidence against the company and make the company bear the corresponding legal responsibility. Therefore, there may be certain risks for the company to require you to re-sign the employment contract.
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The company does not sign the contract, and after the employee resigns, the company has signed a contract for other employees, and the employee is not dismissed for this matter.
The reason why it is necessary to re-sign the past labor contract and then terminate the employee is because if the labor contract is not signed, there are many hidden dangers and risks for the employer: 1. The failure to sign the contract does not exempt the employer from the obligation to pay various social insurance premiums for the employee. According to the law, as long as an employer engages in employment and forms an employment relationship with an employee, even if the employee has not signed a labor contract, the employee enjoys all the rights stipulated in the labor law, and the employer also bears various obligations under the labor law.
Among them, the payment of various social insurance premiums in accordance with the law is a mandatory legal obligation that cannot be exempted from the employer. If the employer fails to pay social insurance premiums, the employee can file a complaint with the labor inspection department, which can order the employer to pay the premiums, or even apply to the court for compulsory enforcement and impose penalties on the employer. 2. The employer shall pay economic compensation in accordance with the law when terminating or dissolving the de facto labor relationship (dismissing the employee for selling Xianxiang).
According to the law, if the two parties do not sign a written labor contract, the employer shall pay severance to the employee in accordance with the law when terminating or dissolving the employment relationship, and if the severance is not paid in accordance with the law, it shall also need to pay additional severance payment. However, if an employment contract is signed, the employer and the employee are not required to pay any severance when the employment contract is terminated upon the expiration of the employment contract. Hope mine is helpful to you, thank you and have a great day!
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If the company does not sign the labor contract within one month from the date of employment, and the employee signs it later, the employee can request the employer to pay twice the salary, but there is no compensation for voluntary resignation.
1. If the unit does not sign the labor contract, the employee has been dismissed, how to compensate.
will compensate. If the company fails to pay, the employee may apply to the Human Resources and Social Security Bureau where the employer is located for labor arbitration and require the company to pay. If a written labor contract has not been concluded with the employee for more than one month but less than one year from the date of employment, the employee may request payment of twice the monthly salary from the second month.
If the employee is not at fault, the employer terminates the labor contract in violation of regulations and is required to pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of the Labor Contract Law.
Second, if you don't sign a contract, can you go directly?
Whether you can go directly without signing a contract depends on the following circumstances:
1. Within one month, because the law requires the employer to sign a labor contract with the employee within one month, if you want to resign within one month, you need to notify the employer in advance, because the employer does not exceed one month, and the employee can request the employer to pay double wages without signing the labor contract, starting from the second month;
2. If the worker does not want to continue working in the company, he can leave directly and ask the company to pay economic compensation. In summary, even if you want to leave directly, you should consider whether you need to go through the corresponding resignation procedures. If not, you can just leave.
3. When will the labor contract be signed?
The labor contract is signed at the time of the establishment of the employment relationship, or the written labor contract is concluded within one month from the date of employment. If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. Article 10 of the Labor Contract Law of the People's Republic of China stipulates that a written labor contract shall be concluded to establish an employment relationship.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.
Article 82 of the Labor Contract Law 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 wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.
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Summary. Hello <>
According to the Labor Contract Law of the People's Republic of China, an employer shall enter into a written labor contract with an employee. Therefore, if you have not signed an employment contract with the company, or if the employment contract you signed is inconsistent with the facts, you can ask the employer to sign a new one. However, if you have already left your job and have negotiated with your employer to settle your resignation, it may not be necessary for your employer to require you to sign a replacement employment contract now.
It is recommended that you communicate with the employer to understand the specific reasons and circumstances before making a decision.
The resignation company asked me to sign the labor contract.
Hello. I'd like to ask if I just turned a regular in the May issue of the company.
Now let me re-sign the labor contract.
Hello <>
According to the Labor Contract Law of the People's Republic of China, an employer shall enter into a written labor contract with an employee. Therefore, if you have not signed an employment contract with the company, or if the employment contract you signed is inconsistent with the facts, you can ask the employer to sign a new one. However, if you have already left your job and have negotiated with the employer to settle the resignation, it may not be necessary for the employer to require you to sign a replacement employment contract now.
It is recommended that you first communicate with the employer to understand the specific reasons and conditions, and then make a decision on rock cultivation and sales.
If you are late in signing the employment contract and find that there are problems with the terms of the contract, such as the salary is lower than the market level, the working hours are too long, etc., the charterer can negotiate with the employer and request to modify the terms. If the negotiation fails, you can also file a complaint with the labor department or apply for arbitration. <>
Dear, is there anything else you don't understand? You can tell me about your investigation in detail, and I can answer for you. Lack of God
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Summary. Hello dear! RG requested the re-signing of the labor contract, and YG first negotiated with the company to communicate with the company on the content and time of the re-signing to ensure that the rights and interests of both parties were protected.
If the RG parties cannot reach an agreement, they may apply to the labor dispute arbitration commission, which will make an award in accordance with the provisions of the labor law. Article 82 of the Labor Contract Law: 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 wage.
Article 6 of the Regulations for the Implementation of the Labor Contract Law: 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.
Cute] cute] Hello dear! RG requested the re-signing of the labor contract, and YG first negotiated with the company to communicate with the company on the content and time of the re-signing to ensure that the rights and interests of both parties were protected. If RG Shuanghu collapses cannot reach an agreement, Hemo Yuan may apply to the Labor Dispute Arbitration Commission, which will make an award in accordance with the provisions of the Labor Law.
Article 82 of the Labor Contract Law: 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 wage. Article 6 of the Regulations for the Implementation of the Labor Contract Law:
If the employer fails to conclude a written labor contract with the 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. [Cute].
Dear, what company do you work for? <>
Dear, is that you? <>
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