What evidence needs to be submitted for Labor Law Dismissal Compensation 2015

Hello, you need to submit proof of termination of the labor contract by the employer, proof of salary income, certificate of overtime, etc.

1. When the employer orally proposes to terminate the labor relationship, the worker shall immediately request the employee to issue a written notice of termination of the labor relationship (with the official seal), otherwise he shall refuse to go through the resignation procedures. Even if the situation is pressuring and you are forced to go through the resignation procedures, you must leave the written materials for the resignation procedures.

2. On the day after resignation, the person in charge of the employer must confirm the fact of termination of the labor relationship with the person in charge of the employer and make a recording.

3. Send a written notice of termination of labor relationship to the employer by courier and keep the receipt.

4. Before the employer issues a written notice of termination of labor relations, it must commute to and from work on time every day. In addition, it is necessary to put an end to work mistakes and prevent employers from finding other reasons to terminate labor contracts. If the employer refuses to enter the company, it should immediately call the ** of the Labor Inspection Brigade and ask them to solve the problem.

Even if they do not enter the unit, the labor inspection brigade has a record of filing a case, which can be used as important evidence in future labor arbitration.

5. Apply to the labor arbitration commission for arbitration in the shortest possible time, and request the employer to pay compensation for illegal termination of labor relations.

If the above five points are achieved, it will be difficult for the employer to terminate the employment contract with the employee on the grounds of absenteeism, and the employee can use this to terminate the employment contract and claim compensation from the employer.

To initiate labor arbitration, the parties should first submit the labor contract and wage records to prove the existence of an employment relationship. If there is no employment contract, it is necessary to provide evidence that can prove the existence of an employment relationship. As long as it can be proved that there is an employment relationship and the dispute is caused by the employment relationship, labor arbitration can be initiated.

The specific evidence to be submitted should be changed according to the different disputes, for example, the work-related injury arbitration should provide work-related injury certification materials.

1. How can employees protect their rights if the company does not sign a contract?

1. Prepare evidence to prove the existence of a de facto labor relationship with the employer.

Any proof or record of payment of wages and records of payment of various social insurance premiums; or have a "work permit", "service certificate" and other documents that can prove the identity issued by the employer to the employee; Recruitment records such as the "registration form" and "registration form" filled in by the employee; attendance records; The testimony and other evidence of other workers can be used as proof to determine the existence of an employment relationship between the two parties.

2. Rights protection process: The two parties negotiate labor arbitration and file a lawsuit.

The employee can negotiate with the employer in accordance with the law, and if the negotiation fails, he or she can provide evidence to file a labor arbitration with the labor department, and if the arbitration result is not satisfactory, he can file a lawsuit with the court. Litigation is the last resort to protect rights, and if the worker has been able to solve the problem in the first two ways, then there is no need to litigate.

It is illegal for an employer not to sign a labor contract with an employee, and an employee must learn to take up the law to protect his or her legitimate rights when he or she is dismissed without signing a labor contract.

2. Specific methods for workers to protect their rights.

1) Prepare evidence to prove the existence of a de facto labor relationship with the employer.

Any proof or record of payment of wages and records of payment of various social insurance premiums; or there are "work permits", "duan dry attack service certificates" and other documents that can prove the identity issued by the employer to the employee; Recruitment records such as the "registration form" and "registration form" filled in by the employee; attendance records; The testimony and other evidence of other workers can be used as proof to determine the existence of an employment relationship between the two parties.

2) Rights protection process: The two parties negotiate labor arbitration and file a lawsuit.

The employee can negotiate with the employer in accordance with the law, and if the negotiation fails, he or she can provide evidence to file a labor arbitration with the labor department, and if the arbitration result is not satisfactory, he can file a lawsuit with the court. Litigation is the last resort to protect rights, and if the worker has been able to solve the problem in the first two ways, then there is no need to litigate.

Article 2 of the Labor Arbitration Law of the People's Republic of China, this Law shall apply to the following labor disputes between employers and employees within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

If an employer dismisses an employee in violation of the law, it shall compensate the employee double the amount of the severance payment, and if the employer terminates the labor relationship in accordance with Articles 36, 40 and 41 of the Labor Contract Law, it shall pay severance to the employee.

Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

If an employer dismisses an employee in violation of the law, it is required to compensate the employee double the severance payment, and if the labor relationship is terminated in accordance with Articles 36, 40 and 41 of the Labor and Relatives Contract Law, it is required to pay severance to the employee.

Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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 Paragraph 1 of Article 41 of this Law; (5) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.

Clause. 1. If an employee is dismissed without cause, the employer needs to pay double the economic compensation.

Clause. 2. In the event of dismissal of the employee upon expiration of the contract, economic layoff by the unit, or incompetence of the worker, the employer shall pay one month's severance for each year of work, and if there is no one month's notice in advance, one month's salary shall be paid as notice in lieu of notice.

Hail is hereby argued.

3. If the employee seriously violates the discipline of the company and is dismissed by the unit during the probation period because he does not meet the employment conditions, the employer does not need to pay compensation.

If the employee is dismissed by the company and applies for labor arbitration, he or she needs to provide the labor arbitration application, a copy of his ID card, the labor contract, and if there is no labor contract, there must be evidence to prove the labor relationship, such as work permit, work card, witnesses, etc. If the employer dismisses the employee, it must have relevant evidence of the source or deficiency of the dismissal.

Legal basis] Article 87 of the Labor Contract Law, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

1. What evidence is required for compensation for dismissal by the company?

If the employee requests the employer to pay economic compensation, the evidence to be provided includes the labor contract, social insurance payment certificate, wage slip, etc.

2. Relevant legal provisions

Notice on Matters Concerning the Establishment of Labor Relations

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (salary payment roster for accompaniment workers) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the employer's recruitment "registration form" and "registration form" filled in by the worker;

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Labor Contract Law of the People's Republic of China

Article 47 [Calculation of Economic Compensation] Economic compensation shall be paid to the worker according to the number of years he has worked in the unit and the standard of 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 more than three times 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 of a city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which economic compensation shall be paid 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.

This depends on your dismissal because of the above reasons, generally a month's written notice in advance does not seem to be much compensation, depending on your personal situation, you go to a call""China Appeal Network""Take a look at the above appeal cases, the appeal cases above are quite valuable, and the appeal channels they provide help you find relevant departments to solve the problem are quite good

The termination of the labor relationship (dismissal) by the employer is divided into the following three situations: 1. If the employer terminates the labor relationship without any reason and does not pay any economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it may be determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid, i.e., 2 months' salary for every year of work;

2. If the employer terminates the labor relationship 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 service;

3. If the employee is subject to the provisions of Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notice in advance to terminate the labor contract.

Question: I didn't sign a contract, and I worked for 1 and a half years.

I didn't buy social security.

Ask a question and want to appeal?

Answer: The employer may terminate the labor contract under any of the following circumstances: (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) Failing to pay social insurance premiums for workers in accordance with 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.

Ask if there is a lawsuit?

Answer: If the employer dismisses the employee without justifiable reasons, and it is determined that the employer's behavior falls under the circumstances of illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law of the People's Republic of China, it shall pay compensation, that is, 2 months' salary for every year of service.

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.

Please take a look.

The compensation depends on the reason for your dismissal, but according to what you said, is the contract signed for a one-year period? Is the contract not renewed when it expires? If so, it shall be handled in accordance with the termination of the labor contract, and the termination of the labor contract shall be subject to the payment of severance at the rate of one year and one month.

If the contract is terminated before it expires, it depends on the reason for the termination, and if you are dismissed for violating the company's rules and regulations, there will be no compensation.