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Getting in and getting out is not a matter at all.
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If you sign an employment contract, read the contract carefully, if there is no contract, you can only get your salary during the working period, and there is no compensation.
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If you are dismissed without cause, of course, you can ask him for compensation.
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If the dismissal is without cause, double compensation can be claimed.
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If the employer terminates the employment relationship with you (or dismisses or dismisses you) in three situations, which one of you should pay economic compensation or compensation but does not pay you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you are not at fault as stipulated in Article 39 of the Labor Contract Law, and it can be determined that the employer's behavior is an illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid 2 months of economic compensation for each year of work, 2n;
2. If the employer terminates the labor relationship with you 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 one month's severance for each year of work. If you do not give 1 month's notice in advance, you should also pay 1 month's salary in lieu of notice, n+1;
3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer terminates the labor relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
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The employee may apply for labor arbitration and demand the employer to pay compensation for illegal dismissal.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;
3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit.
Article 47 of the Labor Contract Law of the People's Republic of China Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's 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, 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 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker 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 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 provided for in Article 47 of this Law.
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What kind of contract is signed? If it is a part-time employee, Huai Xiao will pay economic compensation unscrupulously; If it is a contract of other types, it is necessary to pay severance with reference to Article 47 of the Labor Contract Law.
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According to the labor law, if the company dismisses an employee without cause, it must compensate the employee with one month's salary for each year of service. You can use the relevant provisions of the labor law to protect your legitimate rights and interests. Negotiate with the company first, and if the negotiation is not good, apply for labor arbitration.
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You can apply for labor arbitration to demand compensation for illegal termination, and pay 2 months' wages for 1 year of service.
How to Apply for Labor Arbitration:
1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).
2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If we are not satisfied with the ruling, we can sue the court;
3. You can handle it yourself without inviting a local lawyer**, and I can provide you with remote guidance;
4. During the application for labor arbitration, you will not be delayed to work in the new unit!
Legal basis: Article 87 of the Labor Contract Law 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 this Law.
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You can ask the company to provide a reason for disqualification, and you should go to work on time before you receive a written notice of termination of labor relations (with the official seal), otherwise you will refuse to go through the resignation procedures.
According to the provisions of the Labor Contract Law, the employee is incompetent for the job, and is still incompetent for the job after training or job adjustment; The employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional one month's salary. The employer needs to meet three conditions to terminate the labor contract on the grounds of incompetence: the employee is proved to be incompetent for the job; 2.
After the worker is incompetent for the job, the employer shall provide training or adjust the position for the worker; 3.After that, he was still incompetent for his job.
Otherwise, it is impossible to retreat, and you can demand twice the economic compensation, or continue to perform the contract.
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This is not a reason why you can't find a job, as long as you are assured of self-esteem, you will be given dozens of food and accommodation if you go to a random restaurant to do a small job. You don't want to look for it, or you're too picky. Thank you for adopting.
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1. Although there is no contract, if your attendance records, salary slips and other relevant information can prove the existence of a de facto labor relationship between you and the employer, it is still protected by the labor law;
2. If the employer fails to sign a labor contract with you in accordance with the law, you can apply for double salary compensation; At the same time, it is also illegal for the employer to dismiss you without legal reasons, and you have the right to claim compensation for this.
3. You can protect your legitimate rights and interests through labor arbitration or filing a lawsuit with the court.
4. Labor dispute cases belong to the category of legal aid, if you are in financial difficulty, you can call 12348 legal services** to apply for assistance from your local legal aid agency, and you can also call this ** for free legal consultation.
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According to the "Notice on Matters Concerning the Establishment of Labor Relations" issued by the Ministry of Labor and Social Security
Notice on matters related to the establishment of labor relations.
Ministry of Labor and Social Affairs issued No. 12, 2005.
Labor and Social Security Departments (Bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government:
Recently, some localities have reported that some employers do not sign labor contracts when recruiting workers, and when labor disputes arise, it is difficult to determine the labor relationship between the two parties, making it difficult to safeguard the legitimate rights and interests of employees, which has an adverse impact on the harmony and stability of labor relations. In order to standardize the employment behavior of employers, protect the legitimate rights and interests of workers, and promote social stability, the following notice is hereby given on matters related to the establishment of labor relations between employers and workers:
1. The employment relationship shall be established if the employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances:
1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;
2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;
3) The labor provided by the worker is an integral part of the employer's business.
2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:
1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;
2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;
3) Recruitment records such as the "registration form" and "registration form" filled in by the worker;
4) Attendance records;
5) Testimony of other workers, etc.
Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).
3. If the employer recruits a worker in accordance with the circumstances specified in Article 1, the employer shall sign a supplementary labor contract with the employee, and the term of the labor contract shall be determined by both parties through consultation. If there is no agreement through negotiation, either party may propose to terminate the employment relationship, but for the employee who meets the conditions for signing an indefinite-term labor contract, if the employee proposes to conclude an indefinite-term labor contract, the employer shall conclude it.
If the employer proposes to terminate the labor relationship, it shall pay the employee one month's salary for each full year of service in the employer.
4. Where an employer such as a construction or mining enterprise contracts out a project (business) or management right to an organization or natural person that does not have the qualifications of an employing entity, the employer with the qualifications of an employing entity shall bear the responsibility for employing the laborers recruited by the organization or natural person.
5. If a dispute arises between the employee and the employer over the existence of an employment relationship, he or she may apply to the labor dispute arbitration commission with jurisdiction for arbitration.
Little Copernicus, local magazines, most of the content is copied from the Internet, there is a lack of moderation mechanisms, especially typos, wrong sentences, everywhere, without its own professional stuff (and professional team). Not recommended.
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