Regarding the issue of dismissal of employees, reasonable dismissal of employees

1. It's okay to do this.

2. Two months' salary is economic compensation. Algorithm refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

Clause. 1. Find the contract as soon as possible, it will be troublesome for the Labor Bureau to check you.

2. (Because I am afraid of the trouble of paying 3 gold, I give them an extra 200 yuan per month and pay them as their own.) Is it okay to do this) according to the labor law, no.

3. The easiest way to make up money. If you make up the 2nd month's salary, it should be calculated as 800 *2 and make up 1600 yuan.

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 twice the standard of economic compensation stipulated in Article 47 of the Labor Contract Law.

Legal Analysis: The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 single friend register, or refuses to make corrections after being proposed by the employer; (5) Those who have been pursued for criminal responsibility in accordance with law.

Legal basis: Article 39 of the Law of the People's Republic of China on Labor and Labor stipulates that 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 harm 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 unit, 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; (6) Those who have been pursued for criminal responsibility in accordance with law.

Legal analysis: The severance compensation is calculated according to the employee's actual working years in the company, and the employee needs to be paid one month's salary for every one year; if it is 6 months but less than 1 year, it will be counted as 1 year; If it is less than 6 months, compensation will be paid according to the monthly salary standard. The standard of monthly wages is the average salary payable to the dismissed employee in the first 12 months prior to the termination or termination of the employment relationship.

Legal basis: Article 47 of the Labor Contract Law stipulates that 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 compensated with half a month's salary.

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 severance shall be paid at three times the average monthly salary of the employee, and the maximum period of severance shall not exceed 12 years. For the purposes of this Article, the term "monthly wage" refers to the average wage of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Legal analysis: 1. The company proposes that the employee can be dismissed after reaching a consensus with the employee. 2. The employee has been proved to be ineligible for employment by the company during the probationary period.

3. The employee has seriously violated labor discipline or the rules and systems of the employer. 4. The employee has been investigated for criminal responsibility in accordance with the law. 5. The employee has committed serious dereliction of duty or malpractice for personal gain, causing significant loss of interests to the employer.

Legal basis: Labor Law of the People's Republic of China

Article 25 The employer may terminate the labor contract at any time under the following circumstances: 1. The employee is proved to be ineligible for employment during the probationary period; 2. Serious violation of labor discipline or the rules and regulations of the employer.

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

A 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;

There is a major change in the objective circumstances on which the labor contract is based at the time of the conclusion of the labor contract, which makes it impossible to perform the original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.

Legal analysis: 1. To determine that an employee has seriously violated discipline, it must be based on legal and effective rules and regulations, which are an important basis for the employer to dismiss an employee who violates discipline.

2. The rules and regulations can only have legal effect on employees if they have been publicized.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases Article 19 The rules and regulations formulated by the employer through democratic procedures that do not violate the provisions of national laws, administrative regulations and policy provisions, and have been publicized to the workers, may be used as the basis for the people's court to hear labor dispute cases. Only a dismissal decision made in accordance with legal and effective rules and regulations can become the basis for the judgment of an arbitration institution or judicial organ.

Labor Contract Law of the People's Republic of China Article 4 The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee. If the employer does not have evidence to prove that the rules and regulations have been publicized or notified to the employee, the rules and regulations cannot be used as a basis for dismissing the employee.

Your company's approach is wrong.

It is your right to resign, your company has no reason, and you cannot not approve it, if you regret it before approval and get back your resignation application, your company cannot dismiss you.

You can file a complaint with the labor department for arbitration or mediation, and if you are not satisfied with mediation or arbitration, you can also file a lawsuit with the people's court.

If you don't have a labor contract or social security, you can make the company pay you a lot of money with these two points, and you can go to labor arbitration to estimate your salary for 3 months.