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If it is the company's reasons to dismiss you. You will be paid financial compensation.
Severance is paid to you at the rate of one month's salary for each full year of your 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, economic compensation of half a month's salary shall be paid.
If an employer dissolves or terminates a labor contract in violation of the provisions of the Labor Contract Law, it shall pay compensation at twice the standard of economic compensation.
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If the employment contract is terminated normally, the employer shall provide appropriate economic compensation, but if you are dismissed because you have violated the provisions of the employment contract, there is no compensation.
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If you violate the terms of the contract to be fired, then the company does not have to compensate you; If it is because of the company's own reasons, or your performance, performance and other aspects do not meet the requirements of the leadership and are fired, then the company will definitely compensate you, generally speaking, the minimum salary for regular employees is two months, and the corresponding increase in the number of years of work is one year, and one more month of compensation.
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Hello, if the company is illegally fired, you can ask for financial compensation, and pay 2 months' salary for one year of work.
Zongheng Legal Network-Shanghai Minglun Law Firm-Lawyer Song Wenzhou.
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2 months of compensation per year.
Zongheng Legal Network-Shanghai Kaiman Law Firm-Zhou Xuefeng lawyer.
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Legal analysis: According to Article 46 of the Labor Contract Law, if an employer terminates the labor relationship in accordance with the provisions of Articles 36, 40 and 41 above, that is, if the labor contract is terminated through negotiation or statutory termination, or if the employee is incompetent for the job or the company has operational difficulties and needs to lay off employees, it shall pay economic compensation to the employee. Article 47 stipulates that severance shall be paid to the worker at the rate of one month's salary for each full year of service in the employer.
If the employee is more than six months but less than one year, and the employee shall be paid half a month's salary for six months after six months of the total is calculated as one year. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.
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 employer 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) violation of laws and regulations by the rules and regulations of the employer, harming the rights and interests of the laborer, (5) invalidity of the labor contract due to the circumstances specified in Paragraph 1 of Article 26 of this Law, (6) law, Other circumstances under which an employee may terminate a labor contract as provided by 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 under any of the following circumstances: (1) the worker is proved to be ineligible for employment during the probationary period, (2) seriously violates the rules and regulations of the employer, (3) seriously derelicts his duties, engages in malpractice for personal gain, and causes major damage to the employer, (4) the worker establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request (5) Where the labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law, (6) criminal liability is pursued in accordance with law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the worker 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 the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer, (2) the worker is not competent 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.
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The compensation for dismissal from the company during the contract period is subject to economic compensation. The specific amount standard is determined according to the employee's working years in the company, and one month's salary will be paid for each year of work, and if the employee has worked for more than six months but less than one year, it will be calculated as one year; If the employee has worked for less than six months, half a month's salary will be paid to the employee. The law stipulates that the number of years for which severance can be paid to an employee cannot exceed 12 years.
If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with the prescribed economic compensation standard at twice the time of the delay.
[Legal basis].Labor Contract Law of the People's Republic of China Article 47 Economic compensation 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.
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If the employee is dismissed for violating the company's regulations, then he does not need to pay severance payment, and if the contract is terminated without cause, it is not compensation, but severance is paid, and the standard of compensation is one month's salary for one year of service.
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When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal. Specify:
1.If an employee is dismissed without cause, the employer needs to pay double the economic compensation.
2.In the event of dismissal of the employee at the expiration of the contract, economic layoff of the employer, or incompetence of the worker, the employer shall pay one month's severance for each year of work, and if you are not notified one month in advance, you shall also pay one more month's salary as a substitute.
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Legal analysis: If the company dismisses an employee, it is illegal to see whether the employee has committed major mistakes or seriously violated the company's rules and regulations, and if not, the company's dismissal is illegal, and the company shall bear twice the economic compensation for the illegal termination of the labor contract.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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If the employer terminates the contract for reasons, it shall pay compensation according to the number of years of service, and pay one month's salary after one year of service, and if the contract is terminated illegally, it shall be compensated according to the double compensation standard, that is, two stoves per month after one year of service.
If you are sure that the company has not signed a labor contract with you and has not paid social insurance, then you do not need to bear any liability for breach of contract if you propose to terminate the labor relationship, and you can also claim the following requirements. >>>More
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1. There is no such thing as dismissal, only the termination of the labor contract. However, the termination of the labor contract must be in writing, and the termination of the labor contract by the enterprise in the form of oral notification is invalid. >>>More
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Yes, you can't get compensation in this way, you can see if the company has done anything to violate your labor contract, and complain to him and ask him to negotiate terms with you.