Is it right for a handyman who leaves the company to ask for compensation?

My personal opinion is as follows.

1. Although the labor contract is signed (salary card and time card can be used as evidence of labor relationship), the employee and the enterprise have formed a de facto labor relationship, and the enterprise should purchase insurance for the employee, and those who have not purchased it need to purchase additional insurance.

2. Which system of the enterprise has the employee violated? Is it explicit?

The reasons and evidence for the dismissal of the employee are insufficient, and (at least not sufficiently from the literal point of the case you mentioned) the employee should be given a severance payment of one month's salary for each year of service.

3. If the employee's request is reasonable, the company shall compensate according to the law.

4. What I said are all legitimate and idealized operations, which are rarely the case in reality. How to operate depends on how your company decides.

Identify 2 points. 1. First of all, has your company's system been publicized through legal procedures?

2. The best way is to publicize it, and sign for it when the employee is inducted. That... It's up to you!

When an employment relationship is established, even if no employment contract is signed, it is deemed to have signed an indefinite employment contract.

According to the principle of who decides who bears the burden of proof, the unit must prove a serious violation of discipline and produce evidence.

Otherwise, the reason for dismissal is: company structural adjustment. That is, of course, it is possible to claim compensation.

It is best for the enterprise to mediate, negotiate and settle the matter, or arrange it to other positions.

Yes, after all, people also have hard work.

1. Compensation standard for dismissal.

If the company dismisses an employee, the employee must be compensated, and the amount of compensation is divided according to the number of years the employee has worked in the company: one month's salary is paid to the employee for each full year. If it is less than one year but more than six months, it will be counted as one year, and if it is less than six months, the company shall pay half a month's salary to the employee as compensation.

2. Compensation for illegal dismissal of employees.

If the employer fails to terminate the employment relationship with the employee in accordance with the relevant provisions of the employment contract, and fails to notify the employee one month in advance, and the employee is not within the scope of dismissal stipulated in the labor law, then the employer's behavior has constituted an illegal act. In that case, the employer must pay double the amount of compensation to the employee as economic compensation, that is, 2 months' salary for each full year of work.

3. Termination of labor and contract to obtain economic compensation.

When the employer and the employee agree to terminate the labor contract, the employer shall pay compensation to the employee.

If the employer fails to pay social insurance to the employee in accordance with the regulations, and fails to pay wages and remuneration in full and on time, the employee may terminate the labor contract, and the employer shall pay compensation to the employee after the termination of the labor contract.

If the employer's business license is revoked and the employer goes bankrupt, the employer is required to pay compensation to the employee.

If the employer reduces the employee's salary and benefits upon the expiration of the labor contract, and the employee does not agree to renew the contract, the employer shall pay compensation.

Note: As a worker, in 2020, you can get a sum of money if you leave your job in the following ways.

There are many reasons for resignation, and there is no compensation for the employee's own resignation; Compensation will be paid at the expiration of the contract, compensation will be paid for illegal termination, etc.

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

If the company has illegal reasons such as arrears of wages or deduction of wages or moving to other places, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and you will be compensated, and you will be compensated with one month's salary for each year of work.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If you voluntarily resign, there is no severance payment.

1. No compensation for resignation due to personal reasons.

2. The employee may terminate the 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 workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

The employer shall pay severance to the employee, the standard of which is the severance equivalent to one month's salary for one year of service, half a month for less than half a year, and one month for half a year.

3. If the labor contract expires and the employer does not agree to renew it, it shall pay the employee severance for the termination of the contract, and the calculation method shall be the same as above.

4. If the employer terminates the employee without cause, the employee may request the resumption of the labor relationship and continue to perform the labor contract, or may request the employer to pay compensation equivalent to twice the severance payment, that is, the above standard multiplied by two.

When it is more than one year, I cannot claim it.

Legal basis: Law of the People's Republic of China on Arbitration and Mediation of Labor Disputes.

Section 2: Application and Acceptance.

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Yes, no, find a lawyer!

How could it be. You can leave it unwritten on your resume. Nobody knows about this.

They'll just ask why you left that company? What is the reason for leaving. They only focus on how you performed in your previous company and whether you can match the position in that company, and they don't care about the severance payment.

At first glance, the boss of this company is a garbage slammer, not a thing. You don't take the initiative to write a resignation report, wait for the company to fire you, so that you can ask the boss to compensate you, otherwise the company's labor contract is a serious violation of the labor law if you don't sign the labor contract.

Hello, if you write your resignation, you won't get compensation.

If the employee voluntarily leaves the company without fault of the employee, he or she does not need to be compensated, but he or she is required to pay the salary corresponding to the actual working time.

Labor Contract Law of the People's Republic of China

Article 37 A worker shall terminate a labor contract by giving advance notice.

The employee may terminate the 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 A worker unilaterally terminates a labor contract.

The employee may terminate the 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 workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; 6) Other circumstances under which the labor contract may be terminated by laws and 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 46 Economic compensation.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

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 48 The legal consequences of illegally dissolving or terminating a labor contract.

If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; 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 in accordance with Article 87 of this Law.

Article 87 Legal liability for breach of dissolution or termination of labor contract.

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 provided for in Article 47 of this Law.

Article 90 Liability of Laborers.

If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

1. If the employee voluntarily terminates the labor contract (resigns), the employer does not need to pay severance payment.

2. If the employer has any of the circumstances stipulated in Article 38 of the Labor Contract Law (e.g., failure to pay social insurance in accordance with the law, failure to pay wages in full and in a timely manner, etc.), the employee may terminate the labor relationship and request the employer to pay severance payments.

1. The Labor Contract Law of the People's Republic of China is formulated to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of employees, and build and develop harmonious and stable labor relations. It was amended and adopted by the 28th Session of the Standing Committee of the Tenth National People's Congress on June 29, 2007, and came into force on January 1, 2008.

On December 28, the 30th meeting of the Standing Committee of the 11th National People's Congress amended the Decision on Amending the Labor Contract Law of the People's Republic of China.

Depending on the circumstances, the employer is legally at fault, and the employee is entitled to economic compensation for voluntary resignation; If the employer is not at fault, if the employee voluntarily terminates the labor contract (resigns), the employer is not required to pay severance compensation.

During the performance of the labor contract, the employee can terminate the labor contract on his or her own initiative in three forms:

1. In accordance with Article 36 of the Labor Contract Law, submit an application for resignation to the employer, and terminate the contract through consensus with the consent of the employer;

2. In accordance with Article 37 of the Labor Contract Law, the employer shall notify the employer in writing 30 days in advance to terminate the contract, without the consent of the employer, and the employer shall settle the wages and go through the formalities for terminating the contract upon the expiration of the 30-day period;

3. If the employer is legally at fault as stipulated in Article 38 of the Labor Contract Law, the employee may terminate the contract at any time by notifying the employer.

Workers are subject to the above-mentioned paragraphs.

Items 1 and 2 provide for the termination of the contract without economic compensation; If the contract is terminated in accordance with the provisions of Paragraph 3, the employer shall pay the employee one month's salary and severance every year according to the number of years of service in the employer. Where it is half a year but less than one year, it shall be paid on the basis of one year, and if it is less than half a year, it shall be paid on the basis of half a year.

Labor Contract Law of the People's Republic of China

Workplace legal knowledge: Under normal circumstances, is there any severance payment for employees who voluntarily resign?

If it's still in the original city, I don't think so. If you move to another city, I think you can, because it is the company's actions that cause objective geographical obstacles to the performance of the labor contract.

Is overtime counted if a week's work is 40 hours worked?

If an employee voluntarily resigns, whether the employer should pay economic compensation or not should be treated differently, mainly depending on the reason for the employee's resignation, and the reasons are divided into two categories:

1. The employee's voluntary resignation is entirely due to personal reasons.

If the employee resigns solely for personal reasons, such as "other development, unsuitable position, self-employment", etc., such reasons are completely based on the employee's personal willingness to resign, and have no relevance to the employer. Therefore, if an employee voluntarily resigns due to personal reasons, the employer is not required to pay economic compensation.

2. The employee's voluntary resignation is entirely due to the employer.

If the employer deducts, underpays or arrears of wages, fails to pay social insurance premiums in accordance with the law, and allows the employee to work in a harsh environment with toxic and no protective equipment, etc., in this case, in view of the company's illegal acts and infringement of the legitimate rights and interests of the employee, the employee may terminate the employment relationship with the employer and request the payment of economic compensation on the grounds specified in Article 38 of the Labor Contract Law of the People's Republic of China. In other words, if the employer has the reasons stipulated in Article 38 of the Labor Contract Law, the employee may be forced to resign and demand economic compensation at the same time.

From the above analysis, it can be seen that if an employee voluntarily resigns for personal reasons and the employer does not need to pay economic compensation, in practice, some employees first resign for personal reasons, and then require the employer to pay economic compensation on the grounds that the employer exists under Article 38 of the Labor Contract Law, in which case they can no longer claim economic compensation.