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Article 48 of the Labor Law provides that 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; The employee does not request to continue to perform or the labor contract can no longer be performed; The employer shall pay compensation in accordance with Article 87 of this Law. Article 87; 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 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; Severance compensation for less than six months shall be paid to the worker with half a month's salary.
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Public institutions are business employees and temporary workers.
There is nothing that is organized by enterprises.
Of course, the establishment of the business is guaranteed.
The rest of the people don't need you, and you don't say anything.
There is no enterprise establishment, or does your unit have been corporatized, and you have not signed a labor contract?
This thing depends on whether you have a good relationship with the leader and how you behave.
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Nonsense, of course I can fire you casually.
How can there be such a thing as an enterprise establishment, in a public institution it is either an institution establishment or a worker! If you don't even have a contract, people want you to be today, not tomorrow, how do you want to protect ?!!
So ignorant ...
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Summary. Dismissal is not the same as dismissal, dismissal is an administrative disposition, not an administrative sanction, and dismissal is not as serious as dismissal
Dismissal means that the unit takes the initiative to terminate the employment, and the orange year means that you no longer have any jobs in the unit, but your establishment is still there (the establishment of business personnel is managed by the various departments in the city or province). Because you are still in the system, the treatment that should be given to you is the same, except for a small part of the post allowance, performance appraisal and other round money that is paid by the internal department of the unit.
Dismissal is not the same as dismissal, dismissal is an administrative disposition, not an administrative sanction, and dismissal is not as serious as dismissal
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There is a difference between dismissal and dismissal in public institutions.
1. The objects of use are different.
1) Dismissal: Employees who have seriously violated labor discipline and enterprise rules and regulations, caused major economic losses and other violations of laws and disciplines, and repeatedly refused to change their ways.
2) Dismissal: Employees who have violated some minor problems in discipline and other aspects have not reached the point of being fired.
2. Different categories.
1) Expulsion: Expulsion is an administrative sanction.
And it is the most severe punishment.
2) Dismissal: Dismissal is an administrative treatment and is not an administrative sanction.
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Legal Analysis: Yes, the group stuffy. If an employee of a public institution resigns on his or her own initiative, the employer is not required to pay any economic compensation or compensation.
If an employer forces an employee to slow down by means of violence, threats or illegal restrictions on personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China A labor contractor 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.
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Under the following circumstances, the public institution may unilaterally terminate the employment contract:
Regulations on the Personnel Management of Public Institutions
Article 15. Where a staff member of a public institution is absent from work for more than 15 consecutive working days, or for a total of more than 30 working days in one year, the public institution may terminate the employment contract.
Article 16. Where the staff of a public institution fails to pass the annual evaluation and does not agree to adjust their position, or fails to pass the annual evaluation for two consecutive years, the public institution may terminate the employment contract by giving 30 days' written notice.
Article 17. The staff of a public institution may terminate the employment contract by notifying the public institution in writing 30 days in advance. However, unless otherwise agreed by both parties on the termination of the employment contract.
Article 18. Where the staff of a public institution receives a sanction of dismissal, the employment contract is to be terminated.
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The public institution has begun".
Enterprise", and now we are signing labor contracts with employees of the establishment of the enterprise. Since it is an employment contract, dismissal is the termination of the employment contract, which can be two-way. Expulsion is a violation of the relevant management system and is one-way.
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There is a difference between dismissal and dismissal of state cadres in public institutions.
First of all, dismissal is the most severe administrative sanction and is completely dissolved from the employer because the expelled person is seriously at fault. Dismissal generally refers to the dismissal of the job as if the position is no longer needed, or the incumbent is incompetent, which is a decision made according to the contract or requirements at the time of appointment.
Second, dismissal means that the unit no longer has any responsibility for the dismissed person. As for dismissal, if the dismissed person is not at fault, the general public institution will give a certain amount of compensation or a way out.
Dismissal means dismissal from the position of appointment and no further employment.
Dismissal: Dismissal refers to the most severe punishment taken by an employer to forcibly terminate the labor relationship in accordance with the law for employees who have seriously violated labor discipline, undermined rules and regulations, caused major economic losses and committed other violations of laws and disciplines, and repeatedly refused to change their ways.
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Summary. For those who are proved to not meet the requirements of the position during the probationary period and do not agree with the adjustment of their positions, the employing unit may also unilaterally terminate the employment contract at any time. <>
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Hello dear, I am happy to answer this question for you. The legal conditions for dismissal of an employee are as follows: (1) Absenteeism for more than 10 consecutive working days or more than 20 working days in one year; (2) Without the consent of the employing unit, leaving the country without authorization or failing to return after leaving the country within the time limit; [Flower bucket slag].
3) Violation of work regulations or operating procedures, the occurrence of liability accidents, or dereliction of duty causing serious consequences; (4) Seriously disrupting the order of work, causing the employing unit or other units to be unable to carry out the work normally; (5) Those who have been sentenced to fixed-term imprisonment or higher, or who have been sentenced to re-education through labor. <>
For those who are proved to not meet the requirements of the position during the probationary period and do not agree with the adjustment of their positions, the employing unit can also unilaterally terminate the employment contract of Yuwei during the training of the company. [Fresh Town Flowers].
Establishment means a legal and reasonable status, there is a establishment is not and will not be great, but the basic rights and interests can be guaranteed, the leadership does not dare to oppress, and the relationship between colleagues is relatively harmonious. However, without establishment, leaders and colleagues, intentionally or unintentionally, openly and covertly look down on it, and even discriminate, which is not something that can be restrained by law and morality.
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