Legal issues, how should the company compensate for dismissing employees without cause? 110

There is no contract, there is no basis for words, although it looks like evidence, but it is difficult to defend rights. Go to the labor arbitration department for consultation, there is a legal department inside. (Good luck.)

There will be many excuses for companies to dismiss an employee, so you don't need to dwell on it, find another job from scratch, and there are very few companies that give compensation now.

First of all, you have not signed an employment contract with the school and it is an internship period, so the school can dismiss you at any time without compensation.

According to the labor law, if the employer does not sign a labor contract for the employee and dismisses the employee without reason, it shall compensate the employee with double wages, pay one month's salary for each year of work, and calculate it as one year for more than six months, and make up for all kinds of benefits enjoyed by the employee during the working period! It is best for dismissed employees to resolve labor disputes through labor arbitration and courts, and use the law to protect their legitimate rights and interests.

First, if the evidence is conclusive and you have signed an employment contract with the company, the company dismisses the employee without cause and the contract period has not expired, that is, the company has breached the contract first, and it has to pay you the amount of breach of contract stipulated in the employment contract.

Second, the company must pay you three months of unemployment benefits for each year of your service to the company, and the cumulative amount cannot exceed two years, that is, it must pay you twenty-four months of unemployment benefits.

If you go to the labor bureau to sue the company, there must be compensation, as if it is a one-year salary for one month.

There is no compensation. You don't have work experience in the company, just an internship, and you don't sign a labor contract. For ordinary workers, there will often be such things not only for you, not to mention that you are an intern with no work experience, even if you are a veteran employee with many years of work experience.

The dismissal of an employee without cause by the company is an illegal termination of the labor contract under the Labor Law. According to the law, if the employer terminates the labor contract in violation of the law, it shall pay compensation to the employee at double the standard of economic compensation.

The specific economic compensation standard and calculation method are: according to the employee's working years in the unit, one month's salary standard economic compensation is paid for one year; If the worker's working years are more than six months but less than one year, it shall be calculated as one year; Where the length of service is less than six months, it is calculated as half a month.

The calculation method of the monthly wage standard is based on the average salary of the 12 months before the termination of the labor relationship.

In addition, it should be noted that the monthly salary standard cannot be increased indefinitely, and there is also a maximum limit. Specifically, if the employee's monthly salary is three times higher than the local average monthly salary of the previous year, the monthly salary standard will be calculated as three times.

No matter how high the amount is, it will not be supported by law.

You can go to the labor dispute mediation department to defend your rights and interests or go directly to the court to litigate, but you need to pay attention to collect all kinds of evidence of your work in the company.

If you have been with the company for 2 years, you will be asked to be compensated by the company for 2 months' salary.

You can pay for this dismissal at once, as if it were double the salary.

Legal analysis: If a company wants to dismiss an employee, it must meet the above-mentioned statutory reasons, and can only terminate the labor contract after fulfilling the obligation of 30 days' notice or paying the employee another month's salary in lieu of notice.

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 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.

According to the Labor Contract Law, the severance 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 employee shall be paid half a month's salary for dismissal compensation.

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.

Legal Analysis: 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.

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

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 the economic compensation standard provided for in Article 47 of this Law, which is twice the amount of the employee's extremity.

Article 88: In any of the following circumstances, an employer shall be given a punishment of starvation in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law; If damage is caused to the laborer, the employee shall be liable for compensation: (1) forced labor by means of violence, threat or illegal restriction of personal freedom; (2) Directing or forcing risky operations in violation of rules and regulations, endangering the personal safety of laborers; (3) Insulting, physically punishing, beating, illegally searching or detaining laborers; (4) Poor working conditions or serious environmental pollution, causing serious harm to the physical and mental health of laborers.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Article 90 Where a worker terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

Article 91 Where an employer recruits a worker whose labor contract has not been dissolved or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

The company has legally terminated the situation without prior notice

The employer proposes to terminate the employment relationship.

Zhi He's "Labor Contract DAO

In addition to this, there are the following 2 cases:1. The situation that the public appearance department has legally terminated and notified in advanceIf an employer terminates the labor relationship with an employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, the employer shall pay the employee severance for each year of work if it meets the requirements of Article 46 of the Labor Contract Law (the employee is not at fault).

2. The company illegally terminated the labor contractIf an employer terminates the employment relationship with an employee without any lawful reason, fails to pay economic compensation, or fails to perform legal procedures (e.g., seriously violates the rules and regulations of the employer, causes major losses to the employer, or is investigated for criminal liability by the judicial authorities for illegal acts), it may be determined that the employer's act is an illegal termination and the employee concerned shall be compensated. The standard is two months' salary for each year of service.

If the employee is dismissed by the employer without cause, he or she may first negotiate with the employer. If they are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this 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 the Labor Contract Law.

The company does not dismiss employees without nonsense, and the problems that often occur are basically incorrect or even illegal dismissals.

The dismissal of an employee by an employer is essentially one of the reasons for the termination of the employment contract. 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 cases of improper dismissal, the most serious of which is illegal dismissal. Illegal dismissal 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.

In accordance with the provisions of the current Labor Code.