Can I get compensation if I am dismissed?

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 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.

If an employer unilaterally terminates a labor relationship and dissolves or terminates the labor contract in violation of Article 87 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.

That is, twice the standard listed in Article 47 above, you can go to the local labor department to report the matter to the problem.

If the employer unilaterally terminates the labor contract during the contract period, you can request the employer to pay double compensation.

The specific compensation standard is that you will be compensated for two months' wages for each year of service, and one month's wages for less than six months of work.

It depends on whether you have signed a contract with that factory, if you have signed and the contract period has not expired, then this is to be compensated. Compensation according to the content of the contract.

If you don't sign a contract, it's not going to work.

It is difficult to solve the problem without signing a contract, and the evidence is not very direct and strong.

However, if there are pay slips, uniforms, and badges, they can also be used as evidence, or they can be found to testify with colleagues. These can prove that you are an employee of our factory.

There are so many people, sue the unit together, we can't let this illegal thing go on so arrogantly!

There must be compensation, and not only that, but there are also a series of insurance that have to be paid up. Units are also subject to legal penalties.

If you don't sign a contract, you won't get compensation from the factory, because the compensation is implemented according to the contract; In addition, if you buy unemployment insurance, you can get unemployment compensation, which is not much.

You should be given a month's salary compensation, there is a boy in our unit who worked for more than 2 months and was fired and added a month's salary to him! I haven't signed a contract yet, and I have to pay compensation after signing the contract.

Legal analysis: If an employee is dismissed, whether he or she can claim compensation shall be determined according to the specific circumstances, such as being proved to be unqualified for employment during the probationary period; Serious violation of the rules and regulations of the employer; A person who is dismissed for reasons such as serious dereliction of duty, malpractice for personal gain, or causing major damage to the employer will not be able to receive economic compensation. If the employee is dismissed by the employer without fault, the employee may claim economic compensation from the employer.

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

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for 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 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker 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) 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.

Legal analysis: 1. If the employer terminates the labor contract illegally, the employee can claim compensation;

2. If the reason for terminating the labor contract is in line with the provisions of the Labor Contract Law, it does not need to pay economic compensation or compensation;

3. If the employer cannot reach an agreement on the compensation matters, the employer may apply for labor arbitration within one year of being dismissed;

Legal basis: Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under one 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 employer;

(3) Serious 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 unit, or refuses to make corrections after being proposed by the employer;

5) The labor contract is invalidated 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 87 of the Labor Contract Law Where 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.