What compensation will be paid for being dismissed by a regular unit?

Updated on society 2024-05-28
6 answers
  1. Anonymous users2024-02-11

    1. If the employer verbally says that it will dismiss you, you should go to work on time before receiving a formal written notice (with the official seal), or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

    2. There are three situations in which the employer dismisses or terminates the labor contract: first, the employee has the circumstances specified in Article 39 of the Labor Contract Law, and the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

    3. Pay attention to retaining the employer. A written notice requesting you to hand over to someone, a handover checklist, these are all when your rights and interests are infringed. You have handled important evidence of the handover in accordance with the law.

    If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. The timing of payment of wages at the time of termination of the employment contract (or employment relationship). For details, please refer to Article 9 of the Interim Provisions on Payment of Wages, on the time of payment of severance payments.

    For details, please refer to Article 50 of the Labor Contract Law. If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is the former.

    It can be directly asserted that the latter needs to be ordered by the labor department. If you still don't pay, you can claim it.

  2. Anonymous users2024-02-10

    If you are dismissed due to company problems, you will be compensated with at least three months' salary.

    Those who pay five insurances and unemployed compensation are a bit troublesome to receive.

  3. Anonymous users2024-02-09

    Legal analysis: whether the employee can get compensation depends on the reason for the dismissal, if the employee is proved to be unqualified for employment during the probationary period and other reasons for the employee's negligent dismissal, the compensation will not be obtained; If the dismissal is due to the employer's fault, the employee can be compensated.

    Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the employee according to the number of years of service in the employer 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 salary of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city level divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid 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.

  4. Anonymous users2024-02-08

    Summary. Hello dear <>

    The compensation that can be obtained by being dismissed by the unit is as follows:1According to Article 16 of the Labor Law of the People's Republic of China, an employer shall pay economic compensation to the employee in accordance with the provisions of laws and regulations when dissolving or terminating a labor contract.

    2.According to Article 16 of the Labor Law of the People's Republic of China, if a labor contract is dissolved or terminated, the employer shall pay the employee one month's salary as economic compensation. 3.

    According to Article 36 of the Labor Contract Law of the People's Republic of China, if the amount of economic compensation agreed by the parties is higher than the standard prescribed by law, the employer shall pay it in accordance with the agreement. 4.According to Article 38 of the Labor Law of the People's Republic of China, when an employer dissolves or terminates a labor contract, it shall pay the employee economic compensation in accordance with the standards stipulated in Article 16 of this Law, and pay the employee the salary in proportion to the cumulative number of years of service during the operation period of the employee.

    5.According to Article 39 of the Labor Law of the People's Republic of China, when an employer dissolves or terminates a labor contract, it shall pay the employee the salary in proportion to the cumulative number of years of service between the employee and the employer, as well as economic compensation and other related expenses.

    What compensation can be received for dismissal by the unit?

    Hello. How much is the compensation for being dissuaded by the unit?

    Our unit only compensated me for half a month.

    Hello dear <>

    The compensation that can be obtained by being dismissed by the unit is as follows:1According to Article 16 of the Labor Law of the People's Republic of China, an employer shall pay economic compensation to the employee in accordance with the provisions of laws and regulations when dissolving or terminating a labor contract.

    2.According to Article 10 and Article 6 of the Law of the People's Republic of China on the Command of Labor Elimination of Sedan Chairs, if the labor contract is dissolved or terminated, the employer shall pay the employee one month's salary as economic compensation. 3.

    According to Article 36 of the Labor Contract Law of the People's Republic of China, if the amount of economic compensation agreed by the parties is higher than the standard prescribed by law, the employer shall pay it in accordance with the agreement. 4.According to Article 38 of the Labor Law of the People's Republic of China, when an employer dissolves or terminates a labor contract, it shall pay the employee economic compensation in accordance with the standards stipulated in Article 16 of this Law, and pay the employee the salary in proportion to the cumulative number of years of service during the operation period of the employee.

    5.According to Article 39 of the Labor Law of the People's Republic of China, when an employer dissolves or terminates a labor contract, it shall pay the employee the salary in proportion to the cumulative number of years of service during the operation period with the employer, as well as economic compensation and other related expenses.

    Is this reasonable?

    According to the provisions of the Labor Law, the compensation shall be calculated according to three times the monthly wage, that is, three times the monthly wage.

  5. Anonymous users2024-02-07

    Summary. Hello, your question is being answered, please wait for a while<> you can get economic compensation for dismissal by the unit, according to the provisions of the "Labor Contract Law", if you dismiss an employee without reason, the employer shall pay economic compensation, which shall not be less than two months' salary. If the amount of severance agreed in the contract is higher than the statutory standard, or if the number of years of service is longer, the severance can be increased accordingly.

    Hello, your question is being answered, please wait a moment <>

    According to the provisions of the Labor Contract Law, if an employee is dismissed without cause, the user Wu Hu shall pay economic compensation, and shall not be less than two months' salary. If the amount of severance agreed in the contract is higher than the statutory standard, or if the number of years of service is longer, the severance can be increased accordingly.

    Legal basis: Article 47 of the Labor Contract Law (1) Economic compensation shall be paid to the employee according to the number of years of service in the employer, and the standard of one month's salary for each full year; (2) If it is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. (3) If the monthly wage of the 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 economic compensation to be paid to the employee shall be three times the average monthly salary of the employee, and the maximum number of years for which the economic compensation is paid shall not exceed 12 years.

  6. Anonymous users2024-02-06

    The compensation that can be received by the dismissal of the employer is as follows:

    1. The economic compensation shall be paid to the worker according to the number of years of service in the unit and the standard of one month's salary for each full year;

    2. If it is more than six months but less than one year, it will be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation;

    3. Monthly wage refers to the average salary of the worker in the 12 months prior to the termination or termination of the labor contract.

    4. If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the employee shall be paid a compensation of one month's salary.

    The process for terminating an employee is as follows:

    1. The supervisor of the unit and the employee who made the decision to terminate shall submit the application for termination;

    2. The personnel department fills in the "Approval Form for Termination of Labor Contract" and submits it to the supervisor for approval;

    3. Notify the department and employees to handle the work handover and return the tools and equipment;

    4. Relevant departments and employees to settle wages and benefits and other outstanding matters;

    5. Relevant departments and employees handle the settlement of wages and benefits and other outstanding matters;

    6. Handle the transfer procedures of party, league and trade union organization relations and archives for employees;

    7. Handle social insurance transfer forms and provident fund transfer procedures for employees;

    8. Issue a Certificate of Termination of Labor Contract to employees.

    To sum up, if an employee is dismissed, the employee shall be provided with corresponding compensation, a certificate of termination of the labor relationship shall be issued, and a labor arbitration may be applied for in the event of a dispute over compensation.

    Legal basis]:

    Article 39 of the Labor Contract 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) 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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