Obviously, it was dismissed, and now I have no evidence and don t admit it, can I compensate?

The burden of proof for the termination of the employment contract lies with the employer.

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.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

Whether the salary is clocked in or cash, and whether the colleague can prove it.

Legal Analysis: Prosecution may be considered. If the company illegally terminates the contract with you, you will be required to pay the employee twice the severance payment.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure 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) 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 harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated 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 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employing unit;

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

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 In 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.

1. Accept the fact that the labor contract was dismissed or terminated by the company, and collect relevant evidence for further compensation from the company.

2. Zhixin blindly requested to continue to perform the labor contract, restore the labor relationship between the two parties, and pay back wages according to the original wage standard.

If 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 the provisions of this Law.

Such as labor contracts or agreements

Payroll, badge Tanner,

Clock-in record

Witness testimony of colleagues, etc.

In addition, the employer shall provide evidence related to the management of the disputed matters in the employer's possession.

The employer does not provide the employee's file in the possession of the employee

Payroll, social security contributions,

Labor protection and other materials should bear adverse consequences.

Clause. 1. Don't sign any written documents lightly. Before signing, the anti-Duan Zatan pondered that there was no room for maneuver after signing, so he must be cautious when signing.

In this case, if you are arguing with the company, any written documents must be read clearly and understood before signing. If the company's promise to you is not fulfilled, or the promise is not included in the signed document, you are advised not to sign.

Clause. 2. Pay attention to the collection of evidence. Some people say that going to work is like being in a detective**, making me nervous. When encountering such an unreasonable company, there is really no way. You have to be aware of the evidence. To fight a lawsuit is to find evidence.

If you say that the company wants to dismiss you, the arbitration committee will not believe it. Gather evidence as soon as possible while the company is not on your guard. Proof that the company took the initiative to dismiss you, including your labor contract, punch-in records, work cards, overtime records, salary emails, WeChat communication records, etc., all the evidence you can think of, can be **, recording, taking pictures, etc.

Third, learn to negotiate with the company. When the company verbally dismisses an employee, the boss's purpose is to save money, maybe it's not that he doesn't want to lose money, the boss knows the strength of the labor law, but he doesn't want to lose so much money.

The boss sometimes has a fluke mentality, in this way, forcing away honest employees, honest people are easy to bully, and if they can not lose money, they will not lose money. When encountering employees with hard stubble, they know how to pick up the law and go toe-for-tat with the company, Boss Liang Qing has to admit it, and he will lose money if he fires others.

The purpose of your negotiation with the company is to tell the boss: you are not a bully, and we must act in accordance with the labor law.

If the company is willing to negotiate with you and negotiate a settlement of the dismissal, at this time, you can sit down and talk calmly with the boss. You can set a bottom line for yourself and negotiate with the company to solve it within the range that you can accept. Both sides can take a step back and find a compromise.

Actively ask for financial compensation.

Article 47 of the Labor Contract Law [Calculation of Economic Compensation] Economic compensation shall be paid to the employee according to the number of years the employee has worked in the employer and the standard of one month's salary for each full year. If the defect 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 as 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 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.

Chat logs, witness testimony, emails, punch records, etc. can be submitted as evidence.

If the employer does not issue a certificate of dismissal, how can the worker protect his rights If the unit does not issue a certificate of dismissal, the worker can file a complaint with the labor department. Article 50 of the Labor Contract Law stipulates that an employer shall terminate the property before terminating the property.

If a written dismissal certificate is not issued, how can the employee protect his or her rights.

1.If the employer does not issue a written dismissal certificate, how can the worker protect his rights The employer does not issue a written dismissal certificate, and the worker can complain to the labor department. Article 50 of the Labor Contract Law provides.

If you want to defend your rights, you must have evidence, otherwise you have to go directly to the labor bureau to report and let the labor bureau come to the scene to collect evidence.

It is difficult to defend rights without relevant evidence. If I have relevant evidence, I will be able to tell the truth, but it will be difficult without relevant evidence.

Remember the company's relevant leaders, colleagues, as well as the company's personnel interactions, job types, salary information, etc.

If you are dismissed, there is no need to defend your rights without evidence, because you can't interfere with what other people's companies want to do.

Do you work for a company without a pay stub? Didn't you sign a contract in the first place? If not, it's really hard to defend your rights.

Summary. Hello, if you are dismissed by the company without evidence of labor contract, as long as you have bank statements and social security payment records for payroll, you can also do it.

Hello, if you are dismissed by the company without evidence of labor contract, as long as you have bank statements and social security payment records for payroll, you can also do it.

You can send an email to the company or write a letter asking for severance or compensation, and keep evidence of the communication process, which can also be used as evidence of the labor center's infiltration.

As long as relevant evidence of working in the company is found, it is relatively large to win the labor arbitration lawsuit; Of course, it also depends on the basis of the company's dismissal.

If there is no compensation for the dismissal in accordance with Article 39 of the Labor Contract Law, there is compensation in accordance with Article 39 of the Labor Contract Law, and compensation shall be paid in accordance with Article 87 of the Labor Contract Law if there is no basis for dismissal.

Article 87 Honggao [Legal Liability for Violation of Dissolution or Termination of Labor Contract] If 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 economic compensation standard stipulated in Article 47 of this Law.

According to Articles 46, 47 and 48 of the Labor Contract Law, you can only claim after working for 5 months; 1. Double salary compensation for each month; One month in lieu of notice; 2. Article 82 advocates double the difference in wages for three months, and (3) supplementary payment of insurance. A total of 5 months compensation.

You have a letter of dismissal that can be used as evidence of the employment relationship with the employer.

The probationary salary depends on whether it is lower than your local minimum wage, and if it is low, it is not legal. Moreover, your probationary period has ended, and the salary during the probationary period cannot be used as your salary standard for future work.

If you have not violated the law and caused losses to the company, the employer will compensate you for firing you, but if you have been to the company for less than half a year, you can only compensate for half a month's salary.

If the company does not sign a contract with you one month after the expiration of your probationary period, you can claim double salary compensation from the second month.

In addition, the company is required to pay back insurance.

Without a contract, your salary will be calculated based on the average salary of the same type of work in your local area.

In fact, you can fight or not, you won't lose anything, the extra salary is not what you want, the arbitration will not let you return, the forgery of the contract should not happen, you want to be firm that you have not signed, they will not win. It's just a way to scare you, and you know from the fact that they are willing to compensate you that they themselves are weak. Especially in big cities, it is very dangerous not to give three insurances.

If you don't get it right, it will ruin the company's reputation.

I suggest you stop fighting, you're only 20 years old, you're in a hurry to do things, what's the use of making gas with them, just take 2,000 yuan and leave quickly.

The most general introduction: contractual issuesWhat are the characteristics: dismissal.

Illustrate the application scenario: Labor contract law.

Other meanings: labor arbitration complaints.

Illustrate the application scenario for example: Claiming compensation for seniority.

When you resigned on June 12, you fulfilled your obligation to give advance notice as stipulated in Article 37 of the Labor Contract Law. If the company dismisses me before the resignation date, it should be deemed that I have agreed and terminated the employment contract in advance. I don't understand why you think the company fired you?

You must know that the company will pay financial compensation or compensation for dismissing you, which is why the company does not recognize the dismissal of you now.

However, if the company withholds your ID card illegally, you can terminate the labor contract with the company in accordance with Article 38 of the Labor Contract Law, and you have the right to request the company to pay the corresponding economic compensation for the termination of the labor contract. Why do you want to quit?!

The company is required to return the ID card immediately, otherwise, it can either report to the local labor administrative department and request intervention and investigation, or it can be resolved by directly submitting an arbitration application to the labor dispute arbitration commission.