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Anonymous users2024-02-12If the employer goes bankrupt or goes bankrupt and dismisses the employee, the employer needs to pay the employee economic compensation, and if the employer refuses to pay, the employee can apply for labor arbitration to protect his rights.
In accordance with the Labor Contract Law
Article 44 The labor contract shall be terminated under any of the following circumstances:
1) The term of the labor contract has expired;
2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;
3) The worker dies, or is declared dead or missing by the people's court;
4) The employer has been declared bankrupt in accordance with law;
5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;
6) Other circumstances provided for by laws and administrative regulations.
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 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 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.
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Anonymous users2024-02-11Find your boss to settle your salary first, and then find another job.
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Anonymous users2024-02-10Summary. Hello, dear, apply for labor arbitration and ask the company to give economic compensation.
Hello, dear, apply for labor arbitration and ask the company to give economic compensation.
Labor disputes can be applied to the local labor administrative department for labor arbitration, or a civil lawsuit can be filed with the court, and the court judgment can be directly enforced. 1. The easiest way is to complain to the local labor law enforcement inspection brigade, and they will supervise and inspect the employer and order it to pay the arrears of wages. 2. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.
3. Zhi Yushen receives an application for labor arbitration from the local labor administrative department (no fees, no lawyer), and claims from the unit through the award issued by the labor arbitration, and if it does not pay compensation, it can apply to the court for enforcement. 4. If the labor arbitration is not accepted or the arbitration is unfair, a civil lawsuit can be filed with the court within 15 days and directly executed through the court judgment. 5. At the same time as the demolition of the ante that claims wages according to the above channels, the unit is required to pay you additional compensation according to the standard of 50% to 100% of the amount payable.
Don't mention resignation, the store manager personally only gives me a rest and lets me take care of myself, can I mess with him?
It's a good rest. Rest pay is paid accordingly.
Keep good evidence, such as chat history, etc.
Rest and leave yourself.
That's not what they say.
The company's regulations do not apply to the store.
You just need to prove that the store manager told you to rest.
If you are afraid, you can also report it to the head office.
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Anonymous users2024-02-09Summary. Hello, the store manager should complain to the labor administrative department and ask for compensation if the store manager dismisses the employee without reason. Legal basis:
Article 48 of the Labor Contract Law: 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.
Hello, the store manager should complain to the labor administrative department and ask for compensation if the store manager dismisses the employee without reason. Legal basis: Article 48 of the Labor Contract Law provides that if an employer terminates 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 for abrasives in accordance with Article 87 of this Law.
Have you signed an employment contract?
I was in the group with the store manager because of the deduction of money a little unpleasant to say, and then I searched for a ** god hand to lose to the supervisor, the director said to let continue on, just the next day of the holiday did not come to the upstream god class, the director said let me rest for a day and then come to work normally, but the store manager gave me a resignation.
Hello, you can ask to continue to perform the contract, if the store manager still does not agree, you can apply for labor arbitration and compensation.
He said now that I was in the group, I was not on it, and then at that time, I called ** to my supervisor to explain the situation, and the supervisor said that the next day you have a holiday, you will simply stop and rest for a day, and then stop Hu and go to work normally, she left me without anyone asking.
You can file a complaint with the labor administrative department.
Do you know the complaint process on your end?
Unclear. She now said that I said it myself in the group, and said that I couldn't go up, so I will hold this sentence now.
On your side, you need to gather evidence first.
If you haven't said that, you can refute him.
There are in the group, but I have talked to the supervisor and said that he would take a break, and there are also supervisors who said that the store manager did something wrong and did not communicate with us.
You're saying that you've said in the group that you're not going to be up, right?
You and the store manager are doing this kind of thing, you can try to calm down and communicate with the store manager.
Yes, there are two of us, but just one representative says we are not on.
You and the store manager are also angry, you negotiate first, if you still can't negotiate, you can apply to other mediation agencies for mediation.
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Anonymous users2024-02-08Summary. Hello, the store manager can apply for labor arbitration if he dismisses an employee without reason. Employees can collect and preserve evidence related to dismissal, such as termination notices, professional performance evaluations, contract documents, etc., for future use as a basis for enforcing their rights.
Hello, the store manager can apply for labor arbitration if he dismisses an employee without reason. Employees can collect and keep evidence related to dismissal, such as dismissal notices, job reports, contract documents, etc., for future use as a basis for rights protection.
Legal basis: Article 48 of the Labor Contract Law of the People's Republic of China provides that 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 the compensation and deferred compensation in accordance with Article 87 of this Law.
Do you have an employment contract?
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Anonymous users2024-02-07If the employer unilaterally dismisses the employee, and the employee is not at fault, the employer needs to compensate, and the standard of compensation is calculated according to the employee's working years in the employer, generally speaking, if it is less than six months, it is calculated according to half a month's salary; where it is more than six months but less than one year, it is calculated as one year; It is calculated by paying one month's salary for each full year.
Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with 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) 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 40 of this Law; 7) Other circumstances provided for by laws and administrative regulations.
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Anonymous users2024-02-06If the employer unilaterally dismisses the employee, and the employee is not at fault, the employer needs to compensate, and the standard of compensation is calculated according to the employee's years of service in the employer. where it is more than six months but less than one year, it is calculated as one year; It is calculated by paying one month's salary for each full year.
Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the labor contract is terminated in accordance with 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.
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Hello!If the labor contract is voluntarily signed by both parties, it may be difficult to hold the unit accountable, and so many years have passed. This is the repetition!