The employer planted employees for no reason, and the employer planted employees for no reason, so I

Unilateral termination of the contract can be done with one month's notice, or the contract can be terminated after paying one month's salary without prior notice, which is a notice dismissal, but the notice of dismissal is conditional, and for layoffs without reason, the employer is in breach of contract, and the employer may be required to pay liquidated damages and pay economic compensation. The employer may also be required to continue to perform the contract.

As for the liquidated damages, it depends on whether there is an agreement in the contract you signed, if there is an agreement, according to the agreement, if there is no agreement, you can ask for it, the specific amount depends on your meaning, as long as the employer agrees.

There is a standard for economic compensation, and one month's salary will be paid for every year of service in the unit, and if it is more than six months but less than one year, it will be calculated as one year.

You can get at least one more month's salary, and you negotiate with the employer for liquidated damages, and if the negotiation fails, you should be able to win by arbitrating the labor dispute arbitration institution. Good luck!

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.

You can ask for continued performance of the contract or you can claim compensation for 1 month's salary.

If it is to dismiss you without cause.

That's two months' salary.

In addition, one month's notice is required.

If not. That should pay an extra month's payment in lieu of passes.

That's three months.

Article 40 of the Labor Contract Law stipulates that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

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.

You can get financial compensation for 2 months' salary.

Nanjing lawyer Guo Yicheng answered:

The company terminated the labor contract illegally, and the compensation was twice the salary; You can also ask the company to continue to perform the employment contract.

1 month's salary with advance notice;

If the employer proposes to terminate the contract through negotiation, and the employee has worked for less than one year, the employer shall pay one month's compensation.

You should be paid!

If you have graduated and have not signed an employment contract, you can also apply for labor arbitration to claim double wages starting in the following month of employment.

The employer does not have the right to withhold wages, and will pay you based on the number of days you actually worked. Otherwise, you can claim compensation from the unit.

The employer does not have the right to withhold wages.

First of all, it should be noted that the internship period is not equal to the probationary period, and the law only stipulates that the labor contract that protects the probationary period is a labor relationship, not an employment relationship. Therefore, if you have not signed a contract and there is no way to prove the employment relationship between you and the employer, it is difficult to obtain legal protection.

Unless you have evidence, or witnesses, who can prove that there is a de facto employment relationship between you and the employer. Otherwise, it will be difficult to defend your rights even if you seek labor arbitration.

At the beginning, it told you that it was going to be paid, but it didn't say it, but it didn't pay it, and it was in default.

Yes, you can go to the labor department for labor arbitration.

Do you have a contract?

If there is, you take it and go to it, if not, then you don't need to fry, just go away

It is under the jurisdiction of the Labor and Social Security Bureau.

If it is not lawful, you can apply for arbitration, one is double the monthly salary compensation for each month that the labor contract is not signed after that, and the other is double the monthly salary for the illegal dismissal.

If the contract is not renewed after expiration, but the employment continues, it shall be deemed that an indefinite labor contract has been signed. So there is a contract between you and the unit.

From your description, it seems that the employer may be trying to dismiss you illegally, and it is recommended to prepare for a labor dispute.

Not illegal....But you can go to the labor department and say that your unit is illegally employing people because you have worked for an extra year and have no contract.

Can the employer dismiss the employee at will during the probationary period?

Lawyer Jiang Hua answers: Hello, I am glad to answer your questions about whether employees can terminate their employment contracts. The Labor Contract Law stipulates that during the probationary period, the employer may terminate the employment contract only if the employee has one of the following circumstances:

1. During the probationary period, it is proved that they do not meet the employment conditions; 2. Seriously violating the rules and regulations of the employer; 3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; 4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; 5. The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law; 6. Being pursued for criminal responsibility in accordance with law. 7. The worker is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the prescribed medical treatment period expires; 8. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment. Except for the above-mentioned circumstances, the employer shall not terminate the employment contract during the probationary period.

The above is the answer to the question of whether the employer can dismiss the employee at will during the probationary period, I hope you are satisfied.

If the employee has been working for the employer for more than one year, he or she can be deemed to have signed an employment contract.

If an employer wants to lay off employees, it should announce the plan in advance, and if it does not, it will lay off employees, which violates Article 41 of the Labor Contract Law.

Article 41 of the Labor Contract Law In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the personnel reduction plan may be reduced after a report has been made to the labor administrative department

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing the number of surplus personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

If the employee or the employer notifies the other party in writing three days in advance of the probationary period stipulated in the contract, the labor contract and relationship may be terminated if the employee or the employer notifies the other party in writing 30 days in advance that the labor contract and relationship may be terminated, or if the employer compensates the employee with another month's salary to the employee, the labor contract and relationship may be terminated immediately, provided that the employee has worked in the employer for more than one year or more. If the employer needs to terminate the labor contract, in addition to the above provisions, it must also pay compensation to the employee, and the compensation standard is one month's salary for one year of service, and the compensation shall not exceed 12 months.

1. Answer:

a.The labor administrative department shall order the payment of economic compensation within a time limit.

b.If the labor administrative department orders the employer to pay within a time limit, but the employer fails to pay within the time limit, the labor administrative department shall order the employer to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.

2. Original text: Article 85 of the Labor Contract Law stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying wages to workers lower than the local minimum wage standard; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.