Will I be paid three months salary if I am fired after signing a labor contract?

If the employee does not have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer shall terminate the contract in violation of the law, and the employee may request to continue to perform the labor contract, and the employer shall continue to perform the contract; The employee does not request to continue to perform, and the employer needs to pay economic compensation to the employee.

Severance shall be paid to the employee according to the number of years of service in the employer 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. Financial compensation is twice the amount of compensation.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

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

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, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with 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 dissolution of the labor contract.

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.

No, if the employee voluntarily terminates with the enterprise, there will be no compensation; If the enterprise comes into contact with the employee, compensation shall be paid according to the number of years the employee has worked for the enterprise.

Probably not! How is the contract signed?

Article 50 of the Labor Law of the People's Republic of China stipulates that wages shall be paid to the worker himself on a monthly basis in the form of money. Wages shall not be deducted or unjustifiably delayed. Article 82 of the Contract Law of the People's Republic of China provides that 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.

If the employer violates the provisions of this Law by not concluding an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly wage from the date on which the indefinite-term labor contract should be concluded.

The compensation standard for dismissal after working for three months without signing a labor contract is that you can receive an extra half a month's salary, which is the economic compensation that the company should pay. Secondly, the company also has to compensate the employee for not signing the labor contract for these three months, and the standard of compensation is to pay double the salary from the second month, so the economic compensation at the time of resignation should be a total of two and a half months' salary.

Finally, if the employer fails to pay the employee economic compensation in accordance with the above provisions, the employee has the right to request the relevant department to handle the matter in accordance with the law, or to apply for arbitration or file a lawsuit in accordance with the law to protect his or her rights.

1. What are the methods for handling labor disputes?

1. Negotiate and settle.

Direct negotiation between the employee and the employer on the issue of labor disputes is not a mandatory procedure, and the two parties may or may not negotiate, which is completely voluntary.

2. Apply for mediation.

Procedures for parties to apply to the Labor Dispute Mediation Committee for mediation of labor disputes that have already occurred. The mediation procedure is also voluntarily chosen by the parties, and the mediation agreement is not enforceable, and if one party repents, it can also apply to the arbitration institution for arbitration.

3. Arbitration.

If a party wants to file a lawsuit to fight a labor lawsuit, it must go through the arbitration procedure and cannot directly file a lawsuit with the people's court.

4. Litigation settlement.

That's what we usually call it. The initiation of the litigation procedure is initiated after a party dissatisfied with the ruling of the labor dispute arbitration commission files a lawsuit with the people's court. The litigation procedure has a strong legal and procedural nature, and the judgment rendered is also enforceable.

Article 82 of the Labor Contract Law stipulates that 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. 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 labor contract should be concluded.

The calculation of the salary of dismissal after signing the labor contract shall be calculated in accordance with the method agreed in the contract. The circumstances under which an employee who is dismissed after signing a labor contract may receive severance include the circumstances in which the employer forces the employee to work by means of violence or threats, the employer fails to pay the labor wages in a timely manner, and the employer fails to pay social insurance premiums for the employee in accordance with the law.

OneHow to calculate the salary of dismissal after signing a labor contract

If the labor contract is signed, the salary of dismissal shall be calculated according to the salary agreed in the contract. If the employer defaults or fails to pay the labor remuneration in full, the employee may apply to the local people's court for a payment order in accordance with the law.

IIIf you are dismissed after signing a labor contract, you can get severance payment

In any of the following circumstances, severance can be obtained after signing a labor contract and being dismissed:

1.Failure to provide labor protection and working conditions in accordance with the labor contract;

2.The employer compels the worker to work by means of violence or threats;

3.Failure to pay labor wages in full or deduction of wages;

4.Failure to pay labor wages in a timely manner;

5.Pay workers wages below the local minimum wage;

6.The employer commands or forces risky operations in violation of rules and regulations, endangering the personal safety of workers.

7.Failure to pay social insurance premiums for workers in accordance with the law;

8.The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

9.Using fraud, coercion or taking advantage of the danger of others to cause the employee to conclude or modify the labor contract contrary to his true intentions;

10.In the labor contract, the employer exempts itself from statutory responsibilities and excludes the rights of employees;

11.The employer forces the worker to work by means of illegally restricting his or her personal freedom;

12.Layoffs are required for reorganization in accordance with the provisions of the Enterprise Bankruptcy Law.

IIIHow to calculate the severance for dismissal after signing a labor contract

The calculation method of severance for dismissal after signing an employment contract is the base multiplied by the calculation period, and the base amount is calculated according to the average salary payable by the employee in the 12 months before the employee's resignation, including performance bonuses, year-end bonuses, various allowances and welfare subsidies and other monetary income. The annual rent is calculated according to the actual number of years the employee has worked in the unit, and the employee needs to pay one month's salary for each full year; If the employee has worked for more than six months but less than one year, it will be counted as one year; If the employee has worked for less than six months, the worker shall be paid half a month's salary.