I have been substitute teaching for 18 years and I was not given a penny when I was dismissed, can I

The employee may apply for labor arbitration and request the employer to pay compensation for illegal dismissal, and the employer shall pay 36 months' wages as compensation after the employee has worked for 18 years.

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 48 of the Labor Contract Law of the People's Republic of China Where 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 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.

If not more than two years, yes.

You can dismiss a substitute teacher, but you can't dismiss a substitute teacher casually, because there is an employment relationship between the school and the substitute teacher.

1. Wrongful dismissal.

If the employee is at fault, the enterprise does not need to give 30 days' notice and immediately dismisses the employee. According to the provisions of China's labor law, negligent dismissal mainly includes the following situations:

1) It is proved that they do not meet the employment conditions during the probationary period;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) Those who have been investigated for criminal responsibility in accordance with law.

2. Advance dismissal refers to the dismissal of employees by notifying employees 30 days in advance or paying in lieu of notice in accordance with the provisions of the law. The main situations are as follows:

1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the unit;

2) The worker is not competent for the job, and after training or job adjustment, he is still incompetent for the job.

3) There is a major change in the objective circumstances on which the labor contract is based, which makes it impossible to perform the labor contract, and the two parties cannot reach an agreement on changing the labor contract through negotiation.

Legal analysis: The substitute teacher has formed a relationship with the unit, and the provisions of the Labor Contract Law shall apply to the compensation treatment and standards. In case of dismissal, one month's salary shall be paid for each full year, and the compensation shall be calculated as one year for more than six months but less than one year, and half a month for less than six months.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China 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 paid half a month's salary.

Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Summary. If a teacher is dismissed illegally, then the employer can be required to legally restore such a labor relationship, or to require the other party to pay a certain amount of economic compensation, but when such an economic compensation is issued, it needs to be carried out according to the length of work. 1. What compensation is there for the dismissal of a teacher?

In the case of dismissal, the labor contract can be terminated, and the salary and benefits can be settled, and the teacher with the establishment will not be dismissed easily.

Substitute teacher is dismissed, is there any compensation?

There is compensation, this needs to look at the arrangements of each school, and there are preferential treatment for the teacher qualification certificate and the later entry into the dry job. Merit-based recruitment allows qualified substitute teachers to enter the teaching team on the basis of merit. For the personnel who are still on the job, it should be solved according to the idea of "people-oriented, first-class overall planning, adhering to standards, entering and leaving, active and prudent, and treating both the standard and the blue".

If the dismissal of a teacher is an illegal dismissal, then the employer can be required to legally restore such an employment relationship, or the other party can be required to pay a certain amount of economic compensation, but when such an economic compensation is issued, it needs to be carried out according to the length of work. 1. What compensation is there for the dismissal of a teacher? In the case of dismissal, the hidden labor contract can be terminated, and the salary and benefits can be settled, and the teacher with the establishment will not be dismissed easily.

Unless the teacher is seriously violating the discipline of the school or the laws of the country. If a teacher is dismissed by Zheng Na, if he is not satisfied, he or she may complain to the competent department of education where the school is located, or apply for a job transfer or transfer to another school.