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Do you have a labor contract before? If no contract has been signed, then admit it.
Regarding the termination of labor contracts, it is necessary to analyze them from three levels.
1.Lawful Termination.
2.Negotiated termination.
3.Illegal Termination.
With regard to legal termination, this simply means that there is an employee's incompetence or major disciplinary violations, resulting in the company's legal termination of the labor contract, and there is no compensation for this situation.
As for the termination through negotiation, in simple terms, the company proposes to terminate the labor contract, negotiates with the employee, reaches an agreement, and compensates in accordance with laws and regulations and the results of the negotiation. Regarding this part of the compensation, if there is no 30 days' notice, there is one month's salary as payment in lieu of notice, and according to the number of years of service, it is less than half a year's salary, and more than half a year's salary is compensated according to one month's salary, which is the so-called N+1 compensation.
With regard to illegal termination, the company bears full responsibility and needs to bear the consequences and costs of illegal compensation. Generally, it is double salary compensation.
Therefore, to sum up, we must first look at what kind of dismissal, and at the same time, we must see whether as you said, your performance appraisal has failed to meet the standards many times, resulting in the determination of incompetence, and the reason for dismissal is this, if so, your compensation is mostly N+1 compensation.
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The question is unclear and cannot be answered.
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Generally, one month's salary is subsidized.
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1. How to compensate for injuries injured in the factory.
1. If a worker is injured in a factory, it is a work-related injury, and the work-related injury insurance and the employer shall compensate for it, and the compensation shall be determined according to the level of work-related injury. The main compensation is: medical expenses, one-time disability allowance, one-time medical allowance, one-time employment allowance, salary for the period of leave of absence, nursing expenses, food allowance, etc.
If it is caused by a third party, the third party shall be liable for compensation.
2. Legal basis: Article 38 of the Social Insurance Law of the People's Republic of China.
The following expenses incurred due to work-related injuries shall be paid from work-related injury insurance** in accordance with national regulations:
1) Medical expenses and expenses for work-related injuries;
2) Hospitalization meal subsidy;
3) Transportation and accommodation expenses for medical treatment outside the overall planning area;
4) The cost of installing and configuring assistive devices for the disabled;
5) For those who are unable to take care of themselves, the living care expenses confirmed by the Labor Ability Appraisal Committee;
6) Yiyou's orange disability allowance and the monthly disability allowance received by disabled employees of grades 1 to 4;
7) A one-time medical subsidy to be enjoyed when the labor contract is terminated or dissolved;
8) In the event of a work-related death, the funeral allowance, the pension for dependent relatives and the work-related death allowance received by the surviving family members;
9) Labor ability appraisal fee.
Second, should I find the factory if I am injured in a fight in the factory?
If you are injured in a fight due to work, it is generally recognized as a work-related injury and you can find the factory for compensation; If you are injured in a fight for reasons unrelated to your work, you generally cannot claim compensation from the factory. If an employee is injured in an accident or is diagnosed or appraised as an occupational disease in accordance with the provisions of the Law on the Prevention and Treatment of Occupational Diseases, the single-person travel site shall submit an application for recognition of work-related injury to the social insurance administrative department of the coordinating area within 30 days from the date of occurrence of the accident injury or the date of diagnosis or appraisal of the occupational disease. In case of special circumstances, the time limit for application may be appropriately extended with the consent of the social insurance administrative department.
If the employer fails to submit an application for work-related injury recognition in accordance with the provisions of the preceding paragraph, the injured employee, his close relatives or trade union organization may, within one year from the date of occurrence of the accident injury or the date of diagnosis or appraisal of an occupational disease, directly submit an application for work-related injury determination to the insurance administrative department of the social dismantling and dismantling society of the area where the employer is located.
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If you are dismissed in this case, the dismissal is compensated, and you have five years of service, and you need to be compensated for five months' salary for dismissal, which should be not a small amount, if the boss does not give compensation, you will go to the local labor department to complain, and even need to go to court for arbitration It is worth it, after all, five months' salary is still very much half a year's salary, which is cost-effective!
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If you want to get the compensation from the boss, you must first collect evidence to prove your labor relationship with the factory, and then you can get the compensation by complaining to the labor bureau.
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You can tell the boss about the compensation, and if the boss does not agree to pay it, you can apply for labor arbitration, and there is a special staff responsible for handling this kind of thing.
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First of all, have you signed a contract in the five years you have been working in the factory? Nowadays, a little formal enterprises sign labor contracts for employees, and if they sign a contract, they should be executed in accordance with the provisions of the labor law. As long as you are not fired for violating labor laws and factory rules, you should be paid five years of compensation for dismissal for any reason.
You can go directly to your boss and ask him or her to settle the compensation for you in accordance with the provisions of the labor law.
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First of all, you have to negotiate with the boss, of course, if the negotiation is good, it is the best, you must understand this knowledge before negotiating, so as not to suffer? If you think that you lack knowledge in this area, you can apply directly to the labor arbitration commission for labor arbitration.
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Don't worry about your face, go to the labor bureau to apply for labor arbitration. But it will be troublesome.
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If the employer takes the initiative to terminate the labor contract with the employee, or if the employee leaves the job due to reasons attributable to the employer, the employer shall pay economic compensation to the employee according to the circumstances. or the situation that requires compensation as stipulated in the Labor Contract Law, the employee can request compensation, otherwise he can appeal to the Labor Bureau.
Severance compensation is generally paid to the employee according to the N+1 principle, that is, the employee is paid one month's salary for each full year of 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.
However, there are many situations where compensation is not required or not only compensation, but also compensation, and even the unit is not allowed to take the initiative to terminate the labor contract with the employee, which must be implemented in accordance with the content of the Labor Contract Law of the People's Republic of China
Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided 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 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
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Summary. Kiss hello <>
When you go to work, the factory will give you compensation for your work-related injuries according to your injury, and you will also have to compensate for working in <>the factory in the future
How to compensate in the factory when you get it to work, if you still work in the factory in the future, do you have to compensate?
Smashed fingers at the factory.
How to claim compensation.
Kiss hello <>
When you go to work, you will be compensated for your work-related injuries according to your injuries, and you will be compensated for the <> of the follow-up work in the factory
The big thing hall feast saffron].
Kiss hello <>
This can be negotiated with the factory first, and if the negotiation fails, you can directly apply for labor arbitration <>
The first section of the three fingers is gone.
What is the amount of compensation.
How to calculate. Kiss hello <>
The first section of the three fingers is gone, and this can be rated as a work injury above level 10, oh dear <>
Kiss hello <>
Compensation standard: 1. The one-time disability subsidy is seven months' salary, and if the salary is lower than the local wage standard, it will be calculated according to the local wage standard. (Work-related injury insurance** payment) 2. When the labor contract is terminated, there is also a disability employment subsidy and medical subsidy for a total of 4 months' average salary in the province.
3. There are also compensation items such as lost work expenses (paid by the employer) for lost work expenses (paid by the employer) during the period of hospitalization, nursing expenses during hospitalization, food subsidies, etc. 4. Usually around 3-80,000. <>
How to compensate if the labor contract is not terminated.
Kiss hello <>
This is a one-time disability allowance of seven months' wages at the age of non-termination of the labor contract, and if the salary is lower than the local wage standard, it shall be calculated according to the local wage standard. (Work-related injury insurance** pays), as well as compensation items such as lost work expenses (wages during the period of suspension of work), nursing expenses during hospitalization, food subsidies and other compensation items (paid by the employer). It's about 1-20,000 <>
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What are the 6 situations in which a voluntary resignation can claim compensation from the company?
Article 38 of the Labor Contract Law stipulates that an employee may be "forced to resign" if the company commits any of the following serious breaches of contract or illegal acts:
1.Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract. (For example, employees are allowed to work in harsh production environments such as toxic and unprotected equipment.) )
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 damage the rights and interests of employees;
5.The employer has fraud, coercion, or taking advantage of the danger of others before entering into the labor contract, resulting in the invalidity of the labor contract;
6.The employer compels the worker to work by means of violence, threat, or illegal restriction of personal freedom, or the employer directs or forces the worker to perform risky work in violation of rules and regulations, endangering the personal safety of the worker.
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If filial piety is a contracted work period, such a relocation to a different land, unwilling to follow the relocation of the factory, generally there will be one year of service and one month's salary (the average of the last three months) compensation. Gu Hui is cautious to look at the local regulations.
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This should not be possible, this should not be, after all, the company did not fire you, or you left on your own initiative.
In this case, there should be no conflict, because in many cases. I think that working in the factory, some wages are higher than working in the company, thirty-six lines of the line out of the champion, everyone has their own advantages, and as long as two people like each other, I think this profession, is not a big problem, because in many cases, I feel that the two are happy, so the difficulties can be overcome together, as long as you like enough, you can be together! I think love should not be bound by the word "career", if you like it, chase it, don't let yourself regret it in the future, there is no regret medicine in the world! >>>More
If you work in a factory, and a lot of people come to the factory at once, and if you sign a labor contract with the factory, and they choose to fire you at this time, I think this is definitely not okay, and you will have to pay a huge amount of liquidated damages, so it is very important whether you have signed a labor contract.
I quit my job a few days ago, and recently my boss asked me to go to work again, in this case, what should we choose? I'm sure many people have been in a similar situation. That is to say, after we resign, whether it is the relevant leaders of the original unit or the boss, we will be asked to go back to work. >>>More
Pour. The first two are hilarious.
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