If you are dismissed, should your salary be counted like this?

The Labour Code stipulates that statutory holidays are subject to three times the usual wage.

If you don't sign a contract, you can find a lawsuit, and even if you file a lawsuit with the labor department, it's very troublesome, and it's very time-consuming.

The salary for being fired from the company is calculated as follows:

If the employer terminates the labor contract in violation of the law, it shall pay 2 months' salary per year as compensation; If the employer terminates the labor contract with the employee in accordance with the regulations, it shall pay one month's salary for each year of service as compensation, and if there is no one month's notice, an additional month's salary shall be paid as compensation; If the employee has misconduct or is in the probation period, the company does not need to pay compensation to the employee when the labor contract is terminated; If there are prescribed circumstances, the unit may terminate the labor dust drying contract after paying an additional month's salary to the labor informant.

Legal analysis: There are three situations in which the employee is dismissed and settles wages: 1. When the employer terminates the labor relationship with the employee, the employer shall settle the salary and go through the resignation procedures within 15 days; 2. If a written labor contract is not signed, the employee can request to pay double wages in the second month of employment; 3. Calculate the severance according to the number of years of service and the wage standard.

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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threat, or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that 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 the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, commits fraud for personal gain, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the labor contract is investigated 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:

(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.

There are three situations in which you have been dismissed and your salary is settled

1. If the employer terminates the labor relationship with the employee, the employer shall settle the salary and go through the resignation procedures within 15 days;

2. If a written labor contract is not signed, the employee can request to pay double the salary of the reply in the second month of employment;

3. Calculate the severance according to the number of years of service and the wage standard.

When will the dismissal salary be settled?

The dismissal salary is generally settled at the same time as the procedures for terminating the labor contract. The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

In accordance with Article 26 of the Labour Law.

Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee 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, he is unable to perform his original job or work arranged by the employer;

2) The worker is not competent for the job in this round, 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 changing the labor contract through consultation.

The settlement of dismissal wages is as follows:

1. If the employer dismisses the employee in violation of the law, the employer shall pay compensation at twice the economic compensation standard;

2. 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;

3. If it is more than six months but less than one year, it shall be calculated as one year;

4. If it is less than six months, the economic compensation of half a month's salary shall be paid to the poor imitation worker;

5. 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 economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of economic compensation shall not exceed 12 years. The payment of severance is not based on the agreement between the parties to the labor relationship, but is directly applied in accordance with the provisions of laws, regulations and other relevant normative documents.

Legal basisArticle 47 of the Labor Contract Law of the People's Republic of China.

Severance shall be paid to the worker according to the number of years of service in the employer and 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.

Article 48.

If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the employee wants to continue to perform the labor contract, the employer shall continue to perform it; If the worker 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 the provisions of Article 87 of this Law.

There are three situations in which the wages are settled after being dismissed: 1. If the employer terminates the labor relationship with the employee, the employer shall settle the salary and go through the resignation procedures within 15 days; 2. If Sen Juxin does not sign a written labor contract, the worker can request to pay double wages in the second month of employment; 3. Calculate the severance according to the number of years of service and the wage standard. According to Article 26 of the Labor Law, the employer may terminate the labor contract under any of the following circumstances, but shall notify the employee 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, he is unable to perform his original job or 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 changing the labor contract through consultation.

Legal basisArticle 26 of the Labor Law of the People's Republic of China The employer may terminate the labor contract under any of the following circumstances, but shall notify the employee in writing 30 days in advance: (1) the employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee is unable to engage in 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 changing the labor contract through consultation.