-
If the employer terminates the employment relationship with you (or dismisses or dismisses you) in the following three situations, which of the circumstances should be paid to you but is not paid to you, you can apply for labor arbitration within one year to protect your legitimate rights and interests
1. If the employer terminates the labor relationship with you without any reason and without paying any economic compensation, you are not at fault and do not have the circumstances specified in Article 39 of the Labor Contract Law, it can 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 you should be paid compensation, that is, you will be paid 2 months' salary 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 severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Labor Contract Law, and without 1 month's notice, 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, the employer does not need to pay any economic compensation or notify you in advance if the employer terminates the labor relationship with you; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.
Labor Contract Law: Article 1.
Article 19 of the Regulations for the Implementation of the Labor Contract Law.
-
I'm not afraid to be expelled, let him compensate.
-
You can negotiate compensation with the employer first. If the negotiation fails, because they are not regular employees, they should first apply for labor arbitration to confirm the labor relationship and solve the compensation issue.
Article 14 of the Regulations on Work-related Injury Insurance An employee shall be deemed to have suffered a work-related injury if he or she has any of the following circumstances:
1) Being injured in an accident during working hours and in the workplace due to work-related reasons;
2) Being injured in an accident while engaging in work-related preparatory or finishing work in the workplace before or after working hours;
3) Injured by violence or other accidents during working hours and in the workplace due to the performance of work duties;
4) Suffering from occupational diseases;
5) Injured or unaccounted for in an accident while away for work;
6) Being injured in a motor vehicle accident while commuting to or from work;
7) Other circumstances that laws and administrative regulations provide shall be recognized as work-related injuries.
Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) Disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.
-
According to the new labor law, if you are not a regular worker, as long as you are injured because of the work done for the employer, you have the right to claim compensation from the employer. For details, please refer to the latest version of the Labor Contract Law. Hope it helps.
-
It is advisable to look at the legal provisions of the labor law on "work-related injuries".
-
If an employee suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost the ability to work, or is sick or injured, the employer shall not terminate the labor contract within the prescribed medical treatment period.
Legal basis: Article 29 of the Labor Law of the People's Republic of China stipulates that if an employee falls under any of the following circumstances, the employer shall not prudently terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law: (1) Kuanyou suffers from an occupational disease or is injured on the job and is confirmed to have lost or partially lost the ability to work; (2) Sick or injured within the prescribed period of medical treatment; (3) Female employees are pregnant, giving birth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.
-
Legal Analysis: If an employee suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work, or is sick or injured, the employer shall not terminate the labor contract within the prescribed medical treatment period.
Legal basis: Labor Law of the People's Republic of China Article 29 If a worker falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law: (1) Suffering from an occupational disease or being injured at work and confirmed to have lost or partially lost the ability to work; (2) Sick or injured within the prescribed period of medical treatment; (3) Female employees returning to the hospital during pregnancy, childbirth, or breastfeeding; (4) Other circumstances provided for by laws and administrative regulations.
Question Reflection: Some time ago, I submitted my resignation to the company due to a conflict with a colleague at work. Before I officially went through the resignation procedures, I calmed down and felt that it was too reckless to resign like this, and I wanted to withdraw my resignation letter. >>>More
If the boss dismisses the employee in disguise, he should pay compensation to the employee. According to 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. Note: >>>More
Hello, there are two suggestions for this matter:
1. From the perspective of laws and regulations, the labor law has made detailed provisions on the labor relationship between employers and employees, if employees need to resign, they should submit their resignation reports in writing one month in advance (including paper writing, e-mail, text messages, and office system submission processes), and after one month, regardless of whether the employer agrees, the employee can leave the company, and if the employer does not pay wages or has other retaliation, he can go to the labor bureau to apply for arbitration or go to the court to sue; >>>More
1. What is the reason for the company to dismiss you, the reason is different, and the compensation or compensation is different. >>>More
I think the boss likes Capricorn employees the most, not only are they smart and studious, they can do things a little, but they also have perseverance.