How should an employee claim compensation if he or she is dismissed without giving one month s notic

Hello! For labor disputes, the arbitration is pre-empted, and the first thing to do is to go to the labor inspection brigade to complain or apply for labor arbitration, and then sue if the problem cannot be solved.

You can go to the labor inspection brigade to complain or apply for labor arbitration!

Requests: 1. Ruling to determine the employment relationship between you and the employer;

2. If the labor contract is not signed, the unit shall be ordered to pay double the salary for the period of one month to one year without signing the labor contract;

3. Order the unit to pay severance for illegal termination of labor relations;

4. Pay the social insurance premiums during the working period.

Legal basis: Determination of labor relationship: 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 (employee payroll roster) 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 "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).

Double pay basis:

Article 82 of the Labor Contract Law:

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

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.

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.

Endowment insurance is a legal obligation of the unit, and supplementary payment is required.

Hope it helps!!

Hello, if it is a wrongful dismissal, the worker has no compensation; If the termination will be non-faulty, the employee can claim severance and one month's payment in lieu of payment; If the termination is unlawful, the employee can claim compensation for the illegal termination at the rate of double the economic compensation.

If the employee is dismissed without one month's notice, the employee shall be paid an additional month's salary for the obligation to give advance notice.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, 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: (1) The employee is sick or injured not due to work, and is unable to engage in the original job after the expiration of the prescribed medical treatment period, nor can he take the job arranged by the employer;

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 is based at the time of conclusion, which makes it impossible for the employer 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.

The company needs to give one month's notice to dismiss an employee, otherwise it should pay one month's salary as notice in lieu of notice, but if the dismissal violates the company's rules and regulations, or is investigated for criminal liability in accordance with the law, then there is no need to pay economic compensation.

1. Does the company give one month's notice to dismiss an employee?

The company needs to give one month's notice to dismiss an employee, otherwise it should pay one month's salary as notice in lieu of notice.

Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract only if an employee falls under any of the following circumstances:

1. The orange is proved to be ineligible for employment 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 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 due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law.

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

2. Is there any compensation or compensation for the termination of the labor contract?

Whether an employee is terminated by the employer (dismissed, dismissed, or fired) should pay compensation or compensation is roughly divided into the following four situations:

1. If the employer terminates the labor relationship with the employee without any lawful reason, fails to pay economic compensation or fails to perform legal procedures, 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 as stipulated in Article 87 of the Labor Contract Law, and compensation shall be paid. The standard is to pay 2 months' salary for each year of service, commonly known as 2n;

2. If the employer terminates the labor relationship with the employee in accordance with the circumstances specified in Article 19 of the Regulations for the Implementation of the Labor Contract Law, the employer shall pay the employee severance if it meets the provisions of Article 46 of the Labor Contract Law, that is, one month's salary for each year of service;

3. In accordance with Article 40 of the Labor Contract Law, and the employee is not notified in writing one month in advance, in addition to the payment of economic compensation, one month's salary shall be paid as payment in lieu of notice;

4. If the employer proposes to terminate the labor relationship under the circumstances specified in Article 39 of the Labor Contract Law, it does not need to pay any economic compensation or notify the employee in advance; However, the employer needs to provide evidence and notify the employee in writing to terminate the employment relationship.

To sum up, if the company dismisses an employee without one month's written notice to the employee, in addition to the severance payment, it shall also pay one month's salary as notice in lieu of notice, but if the employee violates the company's rules and regulations, it is not necessary to pay severance if the employee is investigated for criminal liability in accordance with the law.

Under any of the following circumstances, 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:

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.

It depends on the circumstances, and if the unit is legally terminated, then there is no need to pay any compensation. If the employer is in accordance with Article 40 of the Labor Contract Law, the employer needs to pay you an additional month's wages in lieu of notice on top of your severance payment. If the employer is terminated in accordance with Article 46 of the Labor Contract Law, except for the provisions of Paragraph 3, it is only required to pay severance compensation.

In addition to the above circumstances, the termination of the employer is an illegal termination, and you can request the employer to pay compensation for the illegal termination.

The employer cannot agree on liquidated damages in advance, in which case the employer should provide evidence that the employee's resignation caused the actual loss to the employer without filing it 30 days in advance in accordance with the law, and the specific amount of loss should be evidenced. In this way, it is possible to claim compensation from the employee for the loss.

The employer is required to pay compensation for unilateral termination of the labor contract, and the compensation payment standard is one month's salary for one year's length of service, and if the employee does not give one month's written notice in advance, an additional month's salary shall be paid as compensation.

If the employer dismisses an employee, it must compensate the employee for one month's salary in addition to other compensation, so that the employee can be mentally prepared and prepared in advance to find the next job.

If there is no legal reason for termination, the employee shall be paid severance according to the standard of one month per year of service, and if there is no one month in advance, an additional month's fixed salary shall be paid as notice in lieu of notice.

It seems to be twice the monthly salary for the number of years of service*.

It's usually n+1. n is the length of service, and 1 is the one that has not been notified in this month. Generally, the average monthly salary of employees in the previous year is used as the base. In practice, companies will notify in advance, after all, there is also a work handover.

If the employer dismisses the employee immediately without prior notice, it is required to pay compensation in accordance with the relevant provisions of the labor law of China.