Being dismissed by the company without cause, how to compensate for being dismissed by the company w

If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you should pay 2 months' salary as compensation for every year of service. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

If the company has wage arrears or wage deductions, you can be forced to resign on this basis, and there is compensation, one month's salary for each year of service.

If the company does not provide you with working conditions or unilaterally transfers your job or reduces your salary for illegal reasons, you can be forced to resign on this basis, and you will be compensated for one month's salary for each year of work.

At the same time, you can ask the company to settle the full salary.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment.

No compensation is payable for dismissal of employees in the following cases:

1. During the probationary period, it is proved that they do not meet the employment conditions;

2. Seriously violating the rules and regulations of the employer;

3. Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5. The labor contract is invalid;

6. Being pursued for criminal responsibility in accordance with law.

1. If the company dismisses you on the grounds of absenteeism, the company shall provide evidence to prove the fact that you are absent from work, and the company's rules and regulations specify how many days you are absent from work, and the company has the right to terminate the labor contract.

2. If the company cannot prove it, it is illegal to terminate the labor contract, and 2 months' salary should be paid as compensation for every year of work. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

Apply for labor arbitration, five months of double wages, one month of wages in lieu of notice, and half a month's compensation.

Legal analysis: If the employer dismisses the employee without justifiable reasons, it is an illegal act, and it is necessary to compensate the employee, that is, to pay compensation. It is important to note that compensation is not the same as severance payment, in which case the compensation is twice as much as severance payment.

The severance payment is determined according to the number of years of service of the employee in the employer, and the compensation of one month's salary is generally paid after one year of service, but the severance payment cannot exceed 12 months at most. It also means that the compensation for dismissal of workers without cause is up to 24 months' salary.

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 twice the standard of economic compensation provided for in Article 47 of this Law.

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 termination of the labor contract.

If a worker is suddenly dismissed, he or she may request twice the severance from the employer's affiliation unit as compensation. However, the premise for the employer to pay compensation to the employee is that the employer's dismissal is illegal; If the dismissal is due to the fault of the employee, no compensation is required and no compensation is required.

Article 46 of the Labor Contract Law.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

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 Paragraph 1 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) Termination of 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.