Compensation for early dismissal, compensation for early dismissal of employees by the company

The Labor Contract Law stipulates that "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", "If it is necessary to lay off more than 20 employees or less than 20 employees but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, The redundancy plan can be reported to the labor administration and can be made redundancied, "so you can report the situation through the local labor bureau and maintain your legal rights." 2 months' salary as compensation is OK.

Judging from your description, the employer wants to rely on the third paragraph of Article 40 of the Labor Contract Law: "Where there is a major change in the objective circumstances on which the labor contract was concluded makes 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." "Terminate your labor contract, but even if there is a major change in the objective situation (the Japanese company is seriously affected by Japan's **), resulting in the inability to perform the labor contract, the employer should first negotiate with you to change the contract, and if the negotiation is inconsistent, it can terminate the labor contract after notifying you in writing 30 days in advance or paying you an additional month's salary.

In my opinion, the employer's practice is flawed (without prior consultation with you to change the contract), and it should be an illegal termination. You can file an application for labor arbitration with the labor arbitration commission where your employer is located.

Lawyer Gu Hongcheng.

If it is unreasonable, you can claim 2 months of company compensation.

According to the Labor Contract Law, compensation should be paid for 3 months' wages.

Lawyer Ren Jizhou.

Legal analysis: If the employer terminates the labor contract in advance, if it is a consensus termination, the employee's severance shall be calculated according to the standard of the employee's actual service in the employer. The employer pays the employee one month's salary for each full year.

In the case of an unlawful termination, financial damages should be paid twice the above standard.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances:

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 a 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 you are dismissed by the company, if you dismiss Huizhen without fault, you will be compensated. According to the number of years the worker has worked in the company, one month's salary will be paid 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 economic compensation for half a month's hail of wages. However, if it is a fault Yuanbi who defends the dismissal, there is no compensation.

Summary. Hello <>

Employers are usually required to pay some financial compensation when they dismiss an employee early. The specific compensation rate is stipulated in the Labor Contract Law and depends on the length of time the employee has worked for the company and the level of salary. Generally, in the event of early dismissal, the employer is required to pay the employee severance payments, including wages, wages for unpaid leave, year-end bonuses, etc.

In addition, if the employer violates the dismissal procedure stipulated in the labor law, the employee also requires the employer to pay compensation.

There is no compensation for early dismissal.

Working in a food and beverage outlet.

There is no compensation for early dismissal.

Hello <>

Employers are usually required to pay some financial compensation when they dismiss an employee early. The specific compensation rate is stipulated in the Labor Contract Law and depends on the length of time the employee has worked for the company and the level of salary. Generally speaking, when the employee is dismissed before the dust belt, the employer needs to pay the employee's economic compensation, including wages, wages that have not been disturbed, year-end bonuses, etc.

In addition, if the employer violates the dismissal procedure stipulated in the labor law, the employee also requires the employer to pay compensation.

The law stipulates the rights and obligations between workers and employers, including the signing of labor contracts, payment of wages, working hours system, leave, social insurance, etc. Labor Contract Law of the People's Republic of China: This law stipulates the procedures and conditions for the signing, improvement and termination of labor contracts to protect the legitimate rights and interests of employees.

Labor Dispute Mediation and Arbitration Law of the People's Republic of China: This law stipulates the mediation and arbitration procedures for labor disputes, and provides a legal basis for workers and employers to resolve labor disputes.

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Did you sign the contract?

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What the contract says.

And the wages are all bank cards to transfer to the store manager, and then Alipay transfers to us, can you report it for tax evasion.

Should I pay back my salary at the time, and if not, where should I report it?

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You can report to the local labor and social security inspection department or the tax department.

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Employers should pay employees the corresponding wages when they dismiss them. If you do not receive your retroactive wages or reprieve in a timely manner after you have been dismissed, you can take the following steps: Negotiate with your employer:

First, you can communicate and negotiate with your employer to ask for back wages. You can submit a written application and keep relevant evidence, such as emails, text messages, etc. Seek help from the Labour and Social Security Inspectorate:

If the negotiation with the employer does not work, you can file a complaint with the local labor and social security inspectorate. They will investigate and coordinate the resolution of your salary issue.

Legal analysis: The company's early dismissal is a non-fault dismissal, and the employee is paid economic compensation according to the number of years of service in the company, and the standard of one month's salary for each full year; If it is an illegal dismissal, the compensation shall be paid at twice the economic compensation standard; It is a negligent dismissal, and the company does not need to compensate.

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

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 Article 36 of the Law and agrees to terminate 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 a 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.

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 economic compensation shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of time for which economic compensation shall be paid to him 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.

1. The company's early dismissal is a non-fault dismissal, and the employee shall be compensated according to the number of years of service in the unit and the standard of one month's salary for each full year; If it is an illegal dismissal, the compensation shall be paid at twice the economic compensation standard; It is a negligent dismissal, and the company does not need to compensate.

2. Legal basis: In any of the following circumstances, the employer shall pay economic compensation to the employee under any of the following circumstances:

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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Terminating a 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.

1. What are the problems of employee dismissal?

During the performance of the labor contract, if the employer discovers that the employee has violated discipline and law, it is the object of the employer's termination of the labor contract in accordance with the provisions of the labor contract signed by both parties in accordance with the law and the laws and regulations of the state, and shall go through the formalities for terminating the labor contract in accordance with the employee's factual behavior and the procedures strictly prescribed in accordance with the law. In addition, the employer shall notify the employee in writing one month in advance of the termination of the labor contract, except for the case of negotiated termination and immediate termination. In short, once an employment contract is concluded in accordance with the law, it is legally binding on both parties, and both parties can only terminate the effective employment contract in accordance with the law.

Otherwise, it is a breach of contract and you should bear the liability for breach of contract.

The employee can apply for labor arbitration and demand that the employer pay compensation for illegal dismissal and unpaid wages. How to apply for labor arbitration: 1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration

2 copies of the application for arbitration and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing). 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 50 of the Labor Law stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money.

Wages shall not be deducted or unjustifiably delayed. Article 18 of the Interim Provisions on the Payment of Wages and Calendars stipulates that labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employer commits any of the following acts that infringe upon the legitimate rights and interests of a worker, the labor administrative department shall order the employer to pay the wages and economic compensation to the worker, and may also order the employer to pay compensation:

1) Deducting or delaying the wages of workers without reason; (2) Refusal to pay wages for extended working hours; (3) Paying wages to workers below the local minimum wage standard. The standards for economic compensation and compensation shall be implemented in accordance with the relevant provisions of the State. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of service in the employer.

where it is more than six months but less than one year, it is calculated as one year; If the employee is not satisfied with the negotiation for six months, he shall be paid half a month's salary as economic 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. 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 the labor contract. If the worker 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. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay the worker compensation for the search in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.