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I was abandoned, I felt that the world would not be loved, and I worked hard and sincerely, in exchange for the ruthlessness and unrighteousness of me.
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I felt like the sky was thundering, and I didn't know why things were like this, and I was dismissed like this.
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You will be very flustered, overwhelmed, helpless, and confused, as if you have lost your bearings.
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Collapse in an instant, why is that, I feel like a failure.
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I would be shocked because I was rated as a pacesetter by the company every year, and I suspected that the HR department must have made a mistake, because there was another colleague in the company with the same name and surname as me.
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Must be angry, why fire me for no reason? I'll have to say that I'll leave only when I'm sure the results are acceptable, but I'm going to be very disappointed.
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I guess I was surprised, but I couldn't believe it.
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In addition to being puzzled, I am disheartened, and I do my best to do every job loyally, and the final result is like this, this kind of company doesn't wait.
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I have encountered this kind of company before, and they come to me when they need it, and now when they come to the new people, they talk to me and say that the company wants to change new blood. This kind of company won't last long, so I didn't dwell on it and went straight away. This ruthless and unrighteous company is known for:"Older"It's normal to dismiss an employee at will for reasons.
But as a helpless employee, I feel that this is undoubtedly a disaster, for me to suddenly lose my job, I can't survive. Even when I was looking for a job, it would have been a while, and that was probably the worst time for me.
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I will feel very ashamed, and I will do things hard and complain, but I will not be recognized by the company's leaders. The most terrifying thing is that I am not too young, and I don't know if I will find my next job smoothly.
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There will be a sense of anger towards the company. On the surface, it is a kind of "I don't have a place to stay here", but I am still nervous in my heart, and I don't know what will happen if I suddenly lose my job. I'm scared that I won't be able to pay my credit card.
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It should be the most loss, and the feeling of not being recognized is the most uncomfortable. And for no reason, I was suddenly dismissed, and I felt that the eyes of my colleagues around me were different. But at the same time, I will also complain that the company did not do the work in advance, and suddenly fired people, not knowing what the future will be, and I am devastated.
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I met it once before, and I remember that I did a good job in my last job, and the leader appreciated me. But my team leader always found fault with me, and once the leader was on a business trip, he looked for my business, and I couldn't bear it anymore, so he said a few words, and he fired me. At the time, I thought it was ridiculous, what right did he have to fire me?
But I didn't expect the personnel to let me go right away. I felt nauseous, as if I had eaten a fly. But when I thought that I was old and suddenly lost my job, I felt panicked, I didn't know how to explain it to my family, and I didn't know what my next job would be.
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At first, I chuckled in my heart, and I felt like the East Window incident had happened. Then I couldn't slow down for a few days, and I always felt that I didn't have the face to talk to my family. But after calming down, in retrospect, I will hate the previous company for not being humane.
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There is an urge to scold the leader, but out of the protection of the last trace of personal image, I can only walk away. But I will hate this company for a lifetime, and I will make the people around me boycott this company.
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Summary. If the employer terminates the labor contract without cause, it is an illegal termination of the labor contract, and the employer shall pay economic compensation, which shall be based on the employee's years of service in the employer and two months' salary for each year.
If the employer terminates the labor contract without cause, it is the turn of the labor contract to be terminated illegally, and the economic compensation shall be paid, and the economic compensation shall be paid according to the employee's years of service in the employer, and two months' salary shall be paid as compensation for each year.
Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the laborer according to the number of years he or she has worked 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 Yuyin shall be paid half a month's salary as economic compensation.
If the monthly wage of a person in distress is 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 level divided into districts where the employer is located, the standard of economic compensation to be paid to him shall be three times the average monthly salary of the employee, and the maximum period of time for which economic compensation is paid shall not exceed 12 years.
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If the company dismisses an employee without reason, it should report and complain to the local labor bureau to protect its legitimate rights and interests. If a worker in China is dismissed by a relevant company, the company should actively consult with such workers, inform the relevant workers of the reasons for dismissal, handle the dismissal procedures of such personnel, and protect their legitimate rights and interests.
1. Where can the company go to complain about the dismissal of employees without reason?
If the company dismisses an employee without reason, he should report and complain to the local labor bureau to protect his legitimate rights and interests.
1. If the company suddenly dismisses the employee, then the employee can request the company to pay double the compensation of economic compensation. If the employer does not pay, it can file a complaint with the Labor Bureau for mediation, or apply for labor arbitration for compensation.
2. When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. Specifically: First, if an employee is dismissed without cause, the employer needs to pay double the economic compensation.
Second, if an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. Third, the unit needs to pay economic compensation for the economic layoffs and dismissal of employees. Fourth, if the employee seriously violates the company's discipline, the employer does not need to pay compensation.
Fifth, if the employer dismisses the employee during the probationary period because he does not meet the employment conditions, the employer does not need to pay economic compensation.
2. What is the employee turnover process?
1. In principle, employees should submit the written "Resignation Report" to the Personnel Administration Department 30 days in advance, and receive the resignation formalities. The Personnel Administration Department conducts resignation interviews with departing employees to understand the reasons for their resignation and make records.
1) The resigned employee shall submit the resignation formalities to the head of the department for signature. Positions above the head of the department must be signed by the general manager.
2) The assistant of the department where the departing employee is located will take back the work card, employee handbook, work clothes, and office supplies from the departing employee, and sign and confirm that the handover is correct
3) The finance department checks whether the departing employees and the company are in financial arrears (including loans, business trip reimbursements), and if there is any arrears, they will be repaid on the spot, and if there is no arrears, the finance department will sign and confirm the resignation formalities.
4) After the resigned employee obtains all the required signatures on the resignation form, the Personnel Administration Department will issue it to the employee"Decisions on the termination of the labor contract"。
5) The Personnel Administration Department arranges personnel to go through the filing procedures for termination and dissolution of labor relations with the unemployment insurance agency; On the basis of the filing review opinion, go to the social insurance agency to terminate the social insurance relationship of the employee; At the same time, the provident fund of the departing employees will be sealed. If the departing employee needs to transfer the provident fund, the personnel administration department will transfer it according to the new account provided by it, and if it needs to be withdrawn, the employee will handle it by himself.
6) Within 30 days from the date of termination of the labor relationship, the Ministry of Personnel Administration shall go through the procedures for reviewing unemployment insurance benefits at the unemployment insurance agency.
7) The personnel administration department will re-file the files of the departing employees and settle the salary at the same time.
If the legitimate rights and interests of the relevant employee are harmed at the time of dismissal, the relevant employer shall actively compensate the lawful loss of such employee. If they refuse to pay compensation, they can report to the local labor inspection department, and punish the leaders in charge of the labor employer who violate the law.
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Legal Analysis] Dismissal of employees is a heavy topic for both the company and the employees. However, the dismissal of employees is a reality that most companies have to face. Excellent talent is one of the key elements of an enterprise in an invincible position in the market competition, and employees who cannot meet the requirements will inevitably be eliminated, and at the same time, the ups and downs of the economy have also attracted waves of layoffs.
Dismissal and layoffs are the most difficult tasks to deal with. Improper handling of dismissal of employees can easily lead to labor disputes or even go to court, which will have a negative impact on the company.
The dismissal of an employee by an employer is essentially one of the circumstances under which an employment contract is terminated. Termination of a labor contract refers to a legal act that causes one or both parties to the labor contract to terminate the labor relationship in advance for some reason after the labor contract is concluded but before it is fully performed. Since the termination of an employment contract is a matter of great importance, the Labor Law has made strict provisions on its conditions and procedures, and employers must comply with strict legal conditions and legal procedures when dismissing an employee.
There are many ways to improperly dismiss, the most serious is illegal dismissal, which is mainly manifested in three categories:
1. The factual basis for the dismissal of employees is insufficient;
2. The legal basis for dismissal of employees is inaccurate;
3. The operating procedures for dismissing employees are illegal.
Legal basis] 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.
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If the employer dismisses the employee without cause, he may request compensation or continue to perform the labor contract. If a dispute arises, mediation can be applied. You can also apply for labor arbitration directly to the labor arbitration commission.
According to Article 77 of the Labor Law, in the event of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law.
The principles of conciliation apply to both arbitration and litigation proceedings.
Article 79 stipulates that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.
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If you are suddenly fired from the company, you can take the following steps:
3.Check your work contract and laws and regulations: Check your work contract and laws and regulations to make sure the company is not firing you for violating a contract or regulations.
6.Maintain a positive mindset: Maintain a positive mindset, believe in your ability to find a better job, and demonstrate optimism, confidence, and positivity during the interview process.
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There are many reasons, it may be that you are not doing well, or it may be that the company's efficiency is not good, you don't think too much, it really can't work, just go out and change a job. Lu Qiao takes you young, and there are many opportunities.
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1. What should I do if I am suddenly dismissed without receiving notice?
If the employee is dismissed by the employer without cause, the employee may apply for labor arbitration and require the employer to pay arrears of wages, deposits, compensation for illegal termination, wages, double wages for unsigned labor contracts, overtime wages, etc., and the statute of limitations for labor arbitration shall be one year from the date of the employee's resignation.
2. Legal basis: Article 48 of the Contract Law of the People's Republic of China on Labor Bench Towns.
Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] 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 Article 87 of this Law.
2. What are the conditions for forced resignation?
Forced resignation is subject to the following conditions:
1. Failure to provide labor protection or working conditions in accordance with 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 employer has fraud, coercion, or taking advantage of the danger of others when entering into a labor contract, resulting in the invalidity of the labor contract.
Indemnity, double salary, supplementary social security contributions. Go to the labor inspection brigade to complain.
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