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The employer and the employee shall strictly follow the provisions of the labor contract, and if the two parties cannot reach an agreement through negotiation, the employer shall pay the employee's seniority salary as compensation and the employee shall terminate the labor contract.
In accordance with the Labor Contract Law (note the provisions of Article 40, Paragraph 3).
Article 40 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.
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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The company's practice is in violation of the labor law, you can go to the labor bureau to complain, apply for labor arbitration, the specific details, there is a lawyer on the legal partner platform will tell you, you go and ask.
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The current boss or leader will not let you just be a professional, it's okay, if you have time, you can do it, and you will be an all-round talent after you come out.
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As long as the employment is employed, it will be in line with the labor law, labor contract law, and social insurance law. There is a relationship, how can it not be involved?
If you are a human resource manager, you are going to do things for your leaders and design several sets of solutions for the leaders to choose from.
One thing needs to be said: even if the business loses money, your employees still have to eat.
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If your company wants to fire you, if he fires you, he will definitely give you severance pay, but if you resign yourself, then there will definitely be no severance pay. But then again, if your performance is not good and wants to fire you, there is really nothing to say.
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According to the relevant provisions of the Labor Law, the employer shall pay compensation in accordance with Article 47 of the Labor Contract Law, which is usually N+1.
Some employers are disgusted and don't want to give money, so they will put small shoes on the workers or ask the workers to resign.
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If you voluntarily resign. Then the company has a reason. No separation indemnity is paid.
And also. Some benefits. If the company dismisses the employee.
Then you can get a part of the severance compensation. There are some unemployment benefits. Don't leave your job voluntarily.
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The company will pay you compensation for dismissal. If you offer to resign, then there is none. He also has to act in his own interests.
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It may be that the company is relatively small, so it is not standardized.
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It depends on whether the work is consistent with the position in the contract, and the work content will be specified in the contract, and if there is a change in the work, the contract can only be changed with the consent of the person.
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The change content shall be negotiated, and if the negotiation fails, the labor contract may be terminated, and the employer shall pay economic compensation.
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1. If the employee is not qualified for the post, the unit has the right to adjust the position, if the post is still incompetent, the unit can dismiss the employee, but needs to pay economic compensation.
2. If the employee does not obey the company's arrangement and refuses the company's reasonable work adjustment, then the unit can dismiss the employee for serious violation of the company's discipline, and the unit does not need to pay the employee economic compensation.
3. Employees who are dissatisfied can apply for labor arbitration to resolve disputes and claim compensation.
4. The materials required for labor arbitration are: if the complainant is an employee, please submit the following materials: (1) labor dispute arbitration complaint registration form; (2) Statement of Appeal (stating the reasons and requirements of the complaint in detail, in duplicate or according to the number of respondents); (3) The complainant's identity certificate and photocopy; (4) If there is a person who is entrusted, it is necessary to sign and submit the "Power of Attorney" in person, indicating the matters of entrustment, and at the same time submit a copy of the ID card of the entrusted person.
If the client's ** person is a practicing lawyer sent by a law firm, a copy of the practicing lawyer's certificate should be provided: if the client's ** person is a citizen, the no-charge ** agreement signed with the client, as well as the legal information on the relationship between the client and the client; (5) the respondent's industrial and commercial registration information; (6) Proof of the existence of an employment relationship between the complainant and the respondent; (Supporting materials include: labor contract, temporary residence permit, work permit, brand plate, work card, salary schedule (slip), employment registration form, deposit receipt, as well as proof of punishment and notice or certificate of dismissal, dismissal, dismissal, dissolution (or termination) of labor relations, etc.)
When the complainant submits the supporting materials, the original and a copy shall be attached, and the original shall be returned after review; (7) The List of Evidence to be Submitted shall be made in duplicate;
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The power supply bureau is to implement national regulations, and private enterprises generally can't do it, and the cost is a bit high.
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If the contract is terminated illegally, compensation should be made according to the double compensation standard, and if the negotiation fails, you can apply for a settlement with the labor department to fight for your own rights and interests.
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