What compensation should I get if I am fired by the company?

0.This is a prerequisite for all claims for compensation. Do you have a contract with the company?

Assuming that there are no unfavorable terms in the contract, you should do the following:

1.Don't sign the deal they gave you to fire you! You are not a legal person and will never know how many terms of the agreement will be against you. If you sign it, it means that you agree to the company's dismissal, then it will be very difficult to legally claim compensation.

2。Evidence, the company must have sufficient evidence to prove that you left the post without authorization;

The company has to prove that your unauthorized departure seriously violates the company's operation or something, causing major problems; Or the labor contract states that you will be fired if you leave your post without authorization, etc., so you can be dismissed for leaving your post without authorization.

3。Go to work normally, and be very careful not to get caught by the company. For example, the company asks you to go to work at 8:30, and you arrive at 8:32. This is yet another piece of evidence that the company caught firing you.

4。You went to work normally, and the company forcibly fired you. It is an unlawful dismissal.

Congratulations, you can get a high compensation! For specific operations, court lawsuits, or labor arbitration.

The most important and important thing is that you must abide by the 4 prerequisites mentioned above. Once complied with, compensation is a matter of course.

OK, seriously, give me 10 points!

What you're doing is not right! It's too reckless, and the follow-up work should be thought out before doing it!

There are three types of compensation for the employee's dismissal (or termination of the labor contract) by the employer:

1. If the labor contract is terminated under the circumstances specified in Article 39 of the Labor Contract Law, there shall be no economic compensation.

2. If the employer terminates the labor contract in accordance with the regulations, the employer shall pay economic compensation to the employee in accordance with Article 46 of the Labor Contract Law.

3. If the employer terminates the labor contract in violation of the regulations, it shall pay compensation to the employee at twice the standard of economic compensation. Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an 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. Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations. Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

If the employee is dismissed by the company, if the company illegally terminates the labor contract, the employee shall be compensated at twice the standard of economic compensation.

If an employer terminates the labor relationship (or dismissal or dismissal) with an employee in the following three situations, it can be compared to which of the circumstances, if the economic compensation or compensation should be paid but is not paid, it can apply for labor arbitration within one year to protect its legitimate rights and interests:

1. If the employer terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, that is, 2 months' salary shall be paid for every year of service, commonly known as 2n;

2. If the employer terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified one month in advance, one month's salary shall be paid in lieu of notice, commonly known as n+1;

3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer proposes to terminate the labor relationship, it does not need to pay any economic compensation or notice in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

Article 1 of the Labor Contract Law.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

You can go to your local labor arbitration court to apply for arbitration, and your company's violations of labor laws are:1Failure to sign an employment contract with you; 2.

Failure to purchase full-term social security for you during your one-year employment in accordance with the provisions of the Labor Law; 3.Dismissal of employees due to the company's own reasons. You are entitled to compensation for:

1.Social security compensation for the remaining 7 months; 2.An additional month's compensation should be paid when you are dismissed; 3.

Employees who are employed during the period when the labor contract is not signed will be paid twice the wages of the employee. For details, you can consult the local labor arbitration court and apply for arbitration. (Free of charge).

Except where the person is legally at fault, the employer shall pay severance to the dismissed employee in other circumstances.

During the performance of the labor contract, the employer terminates the labor contract in the following three situations:

1. If the employee is legally at fault, the employer shall terminate the contract in accordance with Article 39 of the Labor Contract Law without compensation. If the employer suffers losses, the employer may claim compensation for part of the losses.

2. If the worker is not legally at fault, the employer shall pay severance compensation.

If the employee is not legally at fault, the employer may terminate the contract in accordance with Articles 36, 40, 41 and 42 of the Labor Contract Law, but shall pay one month's salary and severance for each year of the employee's years of service in the employer, and one year if the employee has completed six months but less than one year, and if it has less than half a year, it shall be paid half a year. Among them, if the labor contract is terminated in accordance with the provisions of Article 40, one month's written notice shall be given in advance or an additional month's salary in lieu of notice shall be paid.

The wages for calculating severance payments shall be calculated on the basis of the average wages due to the employee in the 12 months prior to the termination of the contract, including hourly wages, piece-rate wages, various subsidies and allowances, overtime wages, bonuses and wages paid under special circumstances. If the salary is higher than 3 times the average wage of local employees, it shall be calculated at 3 times the average salary of local employees, and if it is lower than the local minimum wage standard, it shall be calculated according to the local minimum wage standard.

3. Compensation shall be paid for illegal termination of the contract.

If the termination of the contract by the employer does not comply with the provisions of the law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the contract; 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 at twice the amount of the severance payment.

Can an employee who is fired by the company get compensation?

1. The probationary period is included in the term of the labor contract.

2. The employer may terminate the contract unilaterally by giving 30 days' written notice or paying an additional month's salary. Unless your behavior seriously violates the rules and regulations of the employer, the employer may terminate the employment contract at any time without paying economic compensation.

3. The economic compensation shall be paid according to the number of years of service in the unit, and the salary standard shall be one month 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, economic compensation of half a month's salary shall be paid.

4. You can apply to the Labor Arbitration Commission for arbitration. The format is as follows:

Statement of Claim.

Complainant: Name, gender, ethnicity, date of birth, home address.

Matters to be requested. Itemize the requested items.

Facts & Reasons.

Write down your working hours, your work situation, the reason for the dispute, and the problem you want to solve.

Sincerely, the Labor Arbitration Commission.

Complainant: Year, Month and Day.

1.Pay your salary compensation months between August 2009 and May 2011.

2. Compensation for 1 month's salary for the termination of the labor contract.

3. Compensation for one month's salary in advance.

The amount of his compensation should be negotiated with you, because the employer unilaterally contacts the contract, and the employee agrees, and if he does not agree, he has to use you, and the amount is negotiated by you until you are satisfied. You can consult the local arbitrator, and as for the procedure, you have to ask the arbitration unit what procedures are required.

Can an employee who is fired by the company get compensation?