The company has signed a labor contract, whether the employee should be compensated if he is dismiss

If the worker sleeps on the job, the company can punish him if he violates the company's rules and regulations. However, the dismissal is obviously punished too severely, which is an illegal dismissal, and the employee shall pay economic compensation, and the employee may apply to the labor dispute mediation committee for labor arbitration.

In accordance with the Labor Contract Law of the People's Republic of China

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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; 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.

In legal theory, if an employee is dismissed in accordance with the rules and regulations of the employer, no compensation is required. However, in practice, compensation is required.

This is because the employer dismisses the employee for a legitimate reason, not for a lawful procedure. Because the employer basically does not know, the rules and regulations need to be approved by the workers' congress, the rules and regulations need to be publicized, and the dismissal of employees needs to be reviewed by the trade union.

There are four necessary conditions for dismissing an employee in violation of the rules and regulations of the employer: 1. The rules and regulations of the employer have been approved by the workers' congress; 2. The rules and regulations shall be publicized to the workers; 3. The dismissal decision shall be reviewed by the trade union; 4. The dismissal decision is effectively served.

Article 21 of the Trade Union Law: Where an enterprise or public institution disposes of an employee, the trade union shall have the right to put forward opinions if it deems it inappropriate.

When an enterprise unilaterally terminates an employee's labor contract, it shall notify the trade union of the reasons in advance, and if the trade union believes that the enterprise has violated laws, regulations and relevant contracts and requests a new study and handling, the enterprise shall study the opinions of the trade union and notify the trade union in writing of the result.

Article 4 of the Labor Contract Law The employer shall establish and improve labor rules and regulations in accordance with the law to ensure that the employees enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing. In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

He asked you to write a resignation letter, and the company generally has compensation for dismissal.

If the employer does not sign a labor contract with the employee, then the employer shall pay the employee double the salary from the second month of employment, and pay the maximum salary compensation for 11 months, and at the same time you can request the payment of your economic compensation, which is calculated as 1 month's salary for one year of actual work, half a month's salary for less than half a year, and 1 month's salary for more than half a year, which you can calculate according to your actual working period. This salary standard is the average of your salary in the 12 months before you leave your job, including bonuses, performance pay, overtime, etc., that is to say, the salary you received in the first 12 months divided by 12 is the standard of your monthly salary, not just the basic salary. You can file an arbitration application for free in the local labor bench arbitration, and the arbitration application form has **, just go to the arbitration to fill it out. If the employer does not sign a contract for you, does it not give you insurance, and if so, you can also file a complaint with the local labor inspection brigade to ask for back payment or cash compensation.

Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should be concluded.

Legal analysis: If the company dismisses an employee, it is illegal to see whether the employee has committed major mistakes or seriously violated the company's rules and regulations, and if not, the company's dismissal is illegal, and the company shall bear twice the economic compensation for the illegal termination of the labor contract.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

What is the reason for dismissal, you can check the current labor laws, which ones you meet and whether you can get compensation.

If the company dismisses the company without reason during the contract period, the company should compensate for the compensation, and the two parties shall negotiate how to compensate.

If you have signed a contract and the company does not compensate you according to the labor contract, then you can apply to the labor department to deal with it.

If a large company unilaterally dismisses an employee, then there must be a certain amount of compensation.

If you sign a labor contract and are dismissed by the company, you should be compensated. Yes, after signing the employment contract, you are dismissed by the company, you claim compensation and you can ask the police to help solve the problem.

If you sign an employment contract and are dismissed, you can take the employment contract to labor arbitration for legal assistance.

The key depends on the reason for dismissal and the time of dismissal, please refer to the following clauses:

The employer's termination of the employment relationship with you (or the dismissal of you) is divided into the following three situations, which you can compare with yourself.

In either case, if you should have paid severance or compensation but did not pay you, you can apply for it within 1 year.

1. The employer terminates the labor relationship with you without any reason and without paying any economic compensation.

If you are not at fault and do not have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer's conduct can be determined.

If it is an illegal termination of a labor contract as stipulated in Article 87 of the Labor Contract Law, you should be paid compensation, namely.

For each year of service, you will be paid 2 months' salary, 2n;

2. The employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law.

If you meet the requirements of Article 46 of the Labor Contract Law, you shall be paid severance for each year of service.

Pay you one month's salary, n; In accordance with Article 40 of the Labor Contract Law, there was no 1 month's notice.

You can also request payment in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer terminates the labor contract with you.

Any financial compensation is required and you are not required to be notified in advance.

Labor Contract Law:

Why the dismissal? If you are fired for violating the company's rules and regulations or for other reasons, there is no way to do it. If there is no reason, it is necessary to negotiate with you to terminate the payment, and the compensation will be compensated for at least one year's monthly salary.

You can go to the Labor Bureau and ask for arbitration. If you are forcibly dismissed without cause, you can claim compensation for 1 year and 2 months' wages.

Answer: What should I do if I am dismissed by the company after the labor contract?

If the employer has not already enrolled you in social insurance, it is illegal. You can.

The appeal was filed with labor arbitration and the request for the payment of the five insurances was made.

Signing, group photos of colleagues at dinner, pay slips, witness testimony, etc.

At the same time, labor arbitration may be requested to terminate the labor relationship, double wages or other economic compensation.

"The only evidence I have is that the company paid me the salary I transferred to Kari, and according to the labor law, they signed a one-year labor contract with me, and now the probationary period has expired for one month. I have attendance records and some information about the bank, but there is no other evidence. "The evidence is basically sufficient.

You may apply for labor dispute arbitration, request continued performance of the contract, or demand double severance for illegal termination of the labor contract as compensation. The salary should be based on the total amount paid to you each month, and you can submit the bank records transferred by the company to your card for your records.