I signed a contract with the unit and worked for five months and nineteen days, and what compensatio

Half a month's salary for dismissal in accordance with the law; Compensation for illegal dismissal is one month's salary.

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.

If it is illegal dismissal, you can claim double financial compensation.

Legal analysis: If there is no labor contract, the specific methods for asking for salary after resignation are as follows:

1. You can apply for labor arbitration and require the employer to pay you the arrears of wages, deposits, economic compensation, double wages for unsigned labor contracts (starting from the second month of employment, up to 11 months), overtime wages, etc.; Counting from the time you leave your job, the statute of limitations for labor arbitration is one year!

2. In labor disputes, it is key to have evidence to prove the labor relationship, such as work permit or work card (preferably stamped with the official seal), salary card transaction records, salary slips, tooling with the name of the company, individual income tax payment certificate printed and stamped by the local taxation bureau, temporary residence permit handled by the employer for you, attendance records, social insurance payment records, work orders, colleague testimonies (resigned and in-service can be used), audio and video recordings or other written materials with your name and official seal or the boss's signature, etc.; Of course, it is possible to apply for labor arbitration without evidence, but there is a risk of losing the lawsuit;

3. When applying for labor arbitration, you need to bring the arbitration application, a copy of your ID card, relevant evidence, and a copy of the employer's industrial and commercial registration information or business license (registration information is not required in Beijing) after filing the case, and then mediate, and the arbitration committee will issue an award if the mediation fails;

4. If you ask professionals for guidance, you can handle the labor case by yourself, and you can win the case as well, and the labor arbitration commission does not charge any fees. During the application for labor arbitration, there will be no delay in your work at the new employer.

Legal basis: Article 12 of the Law of the People's Republic of China on Labor Dispute Mediation and Arbitration Article 12 The parties may apply for labor dispute mediation in writing or orally. Where an oral application is made, the mediation organization shall record the applicant's basic information, the disputed matters for which the mediation is being applied, the reasons and the time on the spot.

Compensation for dismissal after signing a labor contract can only be compensated under statutory circumstances, such as if proposed by the employer. For dismissal agreed upon by both parties, there is generally no compensation for the dismissal due to the fault of the employee. When dismissing an employee, the employer needs to pay attention to the fact that if the employee is dismissed during the probationary period because he does not meet the employment requirements, the employer needs to provide evidence.

OneIs there any compensation for dismissal after signing a labor contract?

If the employer terminates the labor contract after the labor contract has been agreed upon by the labor parties, the employer shall pay the employee an economic compensation equivalent to one month's salary for each full year of service in the employer, up to a maximum of 12 months, and if the working time is less than one year, the compensation shall be paid at the rate of one year.

IIWhat companies need to pay attention to when firing employees

Companies need to pay attention to the following points when dismissing employees:

1.During the probationary period, the employer may unilaterally terminate the employment contract, but only if the employee is proved to be ineligible for employment, so the design of the employment conditions is very important.

2.If an employee causes significant damage to the employer, the enterprise may terminate the employment contract, but what constitutes "significant damage" should be clarified in the employment contract or rules and regulations, and the enterprise should try to avoid "talking in generalities", which may lead to a disadvantageous situation in the event of a dispute.

3.If an employee uses fraud, coercion or taking advantage of the danger of others to make the enterprise conclude an employment contract contrary to its true intentions, the enterprise may terminate the employment contract at any time, but please note that only the labor arbitration institution or the court has the right to confirm the invalidity of the employment contract.

IIIHow to determine the compensation standard for illegal dismissal?

Article 47 of the Labor Contract Law stipulates that the compensation shall be paid to the employee according to the number of years of service in the employer 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.

The monthly wage of the 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 at three times the average monthly salary of the employee, and the maximum period 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.

Although the employee and the employer have not signed an employment contract, the two parties have formed a de facto employment relationship. According to the law, if the two parties do not sign a written labor contract, the employer is required to pay severance to the employee in accordance with the law when the employer terminates or dissolves the labor relationship. Specifically, we will introduce you to the details of dismissal without signing a labor contract.

According to the law, if the two parties do not sign a written labor contract, the employer shall pay severance to the employee in accordance with the law when terminating or dissolving the employment relationship, and if the severance is not paid in accordance with the law, it shall also need to pay additional severance payment. However, if an employment contract is signed, the employer and the employee are not required to pay any severance when the employment contract is terminated when the employment contract expires. If the employer deliberately delays the conclusion of the labor contract (including the failure to renew the labor contract in time after the expiration of the labor contract), resulting in the loss of wages, work-related injuries, medical treatment and other benefits, the employee shall be liable for compensation in accordance with the law, and shall also pay an additional compensation fee of 25%.

The labor administrative department may also order the employer to pay compensation, impose administrative penalties, and so on. If the employer does not sign a labor contract, the employee may file a complaint with the labor inspection department, and once it is verified, the labor administrative department may order the employer to make corrections and may impose a fine. If the employer fails to conclude a written labor contract with the 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.

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer, and the employee shall be paid one month's salary for each full year. 6. If the excavation month is more than one month but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The law severely cracks down on the situation where an employer does not sign a labor contract with an employee, and makes relatively clear provisions in this regard.

For example, the unit can be required to pay double wages, economic compensation, etc. As for how to compensate for being dismissed after signing a contract, the corresponding answer is also given above.

In this case, even if the employer legally dismisses the employee, it still needs to bear adverse legal liability because it has not signed a written labor contract with the employee in accordance with the regulations.