Dismissed by the company and claimed 30 compensation

Article 82 of the Labor Contract Law If an employer fails to conclude a written labor contract with an 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.

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 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 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.

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.

According to the law, you can file a labor arbitration to claim double compensation for the above items.

I do not consider your claim for compensation to be sustained

If you sign a probationary contract with the employer instead of a normal employment contract, the probationary worker will not be entitled to normal employee treatment (i.e., dismissal with one month's notice, severance compensation, etc.).

Of course, according to the provisions of the Contract Law, the specific situation depends on how the probationary contract between you and the company is signed, and if there is compensation involving probationary dismissal, you can ask for it.

Yes, but you'll need to have your documents ready! Contracts and all that sort of stuff!

If the employer fails to sign a labor contract with the employee and fails to pay social insurance, you can file a complaint with the labor inspection brigade to request the payment of social insurance. Apply for labor arbitration and demand double wages and economic compensation for those who have not signed an employment contract.

Legal analysis: If you are dismissed, you can claim compensation in the following ways: 1. Directly negotiate with the employer for the specific amount and method of compensation; 2. You can complain to the labor inspection brigade and request the employer to pay economic compensation and compensation through the labor administrative department; 3. Submit evidence to the labor arbitration commission to apply for labor arbitration.

Legal basis: Law on Arbitration and Mediation of Labor Disputes

Article 4 In the event of a labor dispute, the worker may negotiate with the employer, or may ask the trade union or a third party to negotiate with the employer and reach a settlement agreement.

Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: (1) If the company proposes to dissuade the employee through consultation with the employee, the company shall pay severance according to the number of years of service;

2) If the company unilaterally dismisses an employee in violation of the provisions of the Labor Contract Law, the company shall pay double the compensation according to the standard of economic compensation;

3) If the employee is dismissed because the employer may terminate the labor contract as stipulated in the Labor Contract Law, there shall be no compensation.

Legal basis: Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the standard of one month's salary for each full year of the employee's service in the employer. 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" as used 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 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.

The company shall sign a written labor contract with the employee within one month from the employee's employment, and if no written labor contract is signed, the employee shall be paid double wages from the second month. But beware of the issue of stupid fingering in a one-year lawsuit.

If the employee is dismissed by the employer for serious violation of the employer's violation system, the employer is not required to compensate the employee, but the employer bears the burden of proof.

1. Dismissal without signing a labor contract and no salary.

It is illegal for the employer to be dismissed without signing a labor contract and the employer not to pay wages. The company shall sign a written labor contract with the employee within one month from the employee's employment (and also sign a labor contract with the employee during the probationary period), and if there is no written labor contract, the employee shall be paid double salary from the second month. However, it is important to note the one-year statute of limitations, which expires month by month for claims for double wages.

If the employer does not conclude a written labor contract with the employee within one year from the date of employment, it shall be deemed to have concluded an indefinite labor contract, and the employer is not required to pay twice the salary of the employee who has not concluded a written labor contract after the expiration of one year from the date of employment.

2. How to verbally request the employer to terminate the contract if the labor contract is not signed.

If the labor contract is terminated, compensation shall be paid in the amount of twice the economic compensation. The severance payment is calculated based on the actual number of years of service in the unit, and one month's salary is paid for each year of service, and if 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. Legal liability of the employer for not signing the labor contract:

1. If the labor contract is not signed, double wages will be compensated. "If an employer fails to conclude a written labor contract with an 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." Therefore, the employer should pay double wages when the employment relationship is terminated.

If the payment is not made, the employee may apply for labor arbitration. 2. If a contract is signed, "the employee may terminate the labor contract by notifying the employer in writing 30 days in advance." The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Employees who resign and quarrel with their jobs must notify the company 30 days in advance.

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 compensation in accordance with Article 87 of this Law.

The criteria for compensation for dismissal by the company are as follows:

1. According to the number of years of service of the worker in the unit, one month's salary shall be paid to the worker as economic compensation for each full year. less than six months is counted as one year; If it is less than six months, it will be calculated as half a month and the severance shall be paid. The monthly wage mentioned in these Measures refers to the average salary of the employee in the 12 months prior to the dissolution or termination of the labor contract paid on a monthly basis;

2. If it is an illegal dismissal, you need to pay double the compensation. The employer may also waive compensation under the following circumstances:

1) If the employee takes the initiative to terminate the labor contract, or the employer increases the salary and benefits of the labor contract but the employee is unwilling to renew the contract, the employer may not pay severance payment;

2) If the labor contract is terminated during the term of the labor contract due to the transfer or transfer of the work unit by the competent authority, the employer may not pay severance if the unemployment is not caused;

3) Due to the employee's negligence, the employer may unilaterally terminate the labor contract in accordance with the relevant laws and regulations, and may not pay severance payment.

Legal basisArticle 25 of the Labor Law of the People's Republic of China.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

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

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

4) Those who have been pursued for criminal responsibility in accordance with law.

The compensation is as follows; 1. Employers are required to go through the procedures for receiving unemployment insurance for dismissed employees. 2. The employer is required to pay severance payment, one month's salary for each year of work, and the remaining six months shall be regarded as one year, and if there is no written notice of dismissal, the compensation shall be doubled. 3. If the employer does not pay social security (five insurances) in the same place, he should make up for the family.

4. If the employer does not sign the labor contract, it shall compensate double the salary, up to 11 months' salary.

The company dismisses you to score, the specific situation If you are in violation of the law and discipline of the probationary brother and the erection, then the dismissal of the person is legal, of course, there are some legal requirements, if he is illegally discharged, then you can ask for compensation.

1. Directly negotiate with the employer on the specific amount and method of compensation; 2. You can complain to the labor inspection brigade and request the employer to pay compensation and compensation for economic files through the labor administrative department; 3. Submit evidence to the Labor Arbitration Committee to apply for labor arbitration.