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Grounds for dismissal.
If it is a significant loss to the company. It's not bad if I don't ask you for compensation.
If it is of the nature of redundancy, etc., it is dismissal without fault. There is usually compensation.
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Not only during the contract period, but also when the contract expires and the employer is unwilling to renew it, it is also necessary to pay economic compensation.
The contract does not stipulate the term of employment.
The contract is mainly used to stipulate wages, working hours, and various benefits, if it is really not performed in accordance with the provisions of the contract, you can sue him for dismissal, and you must have compensation.
If you cause a loss to the company, you can deduct it from your salary.
However, it is not possible to deduct more than 20 percent.
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The compensation for termination of the contract period is as follows:
1. If the employee requests to continue to perform the labor contract, the employer shall continue to perform it;
2. 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;
3. If the employer dissolves or terminates the labor contract in violation of the regulations, it shall pay twice the compensation. 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. If it is shipped for more than six months and 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.
Labor Contract Law of the People's Republic of China
Article 47. 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 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 time for which the economic compensation shall be 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.
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If the employee terminates the labor contract at fault, no compensation will be paid.
The employer can terminate the employment contract at any time on the premise that the employee is at fault. For example, serious violation of the rules and regulations of the employer. Note that it is"Seriously"Your fault has not yet reached the rules of the hotel, and it should not be in line with this disorderly closure. Reparations should be obtained.
The standard of compensation is calculated based on the monthly average of your wages for the year before you quit work, but not less than the city's minimum wage. Reimbursement should be made by the hotel where you work.
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If the company terminates the labor relationship without reason, it shall pay twice the economic compensation for the termination of the labor relationship, that is, two months' wages for every full year, otherwise one month's salary will be changed every year, and one month's salary will be paid in lieu of notice if there is no 30-day notice.
If you cause losses to the unit due to your subjective intention, or gross negligence, the company does not need to compensate, if the public judgment has legal rules and regulations, you also have to compensate the company's losses, deducted from the salary of the month, no more than 20% of your total salary, after deduction is lower than the local minimum wage standard, according to the minimum wage standard.
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If you work in the unit for one year, you will be paid one month's salary as economic compensation, and you will have to give one month's notice of dismissal. If one month's notice is not given, one month's salary shall be paid in lieu of notice. Click on "Shanghai Little Lawyer" (user profile) to have contact information. Frank leakage.
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According to the standard of compensating you for one month a year.
It is possible to apply for labor arbitration to claim severance for the payment of monthly wages.
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