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I don't think so. The workplace is like a battlefield, and the positions are occupied by capable people. Just because he's a veteran can't keep his position. We always have to put talented people in the corresponding positions in order to promote the overall development of the company.
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It's not that the boss is too cold-blooded, but this society is like this, and if you are very replaceable, then you are at great risk of being fired.
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Not cold-blooded. The boss opens a company and the employees are all in order to make money, of course, the boss will maximize the benefits, which is a normal phenomenon.
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10-year-old employees can be dismissed. However, the employer shall pay the employee severance compensation at the rate of 10 months' wages.
Employees who have been over 10 years old may sign an indefinite contract, but an indefinite term does not mean that they cannot be dismissed. According to the relevant laws of the People's Republic of China, if an employee seriously violates the rules and regulations of the employer and causes significant damage to the employer, the employer may dismiss him/her.
The compensation standard for 10-year employee termination is 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 paid by the employee in the 12 months prior to the termination or termination of the labor contract.
2. If it is an illegal dismissal, you need to pay double the compensation for the upgrade. 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 according to Article 39 of the Labor Contract Law, and may not pay severance compensation.
Legal basis: Article 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) Seriously knowing that there is such as dereliction of duty, engaging in malpractice for personal gain, causing major harm to the interests of the unit that uses laughter to enlighten people;
4) Those who have been pursued for criminal responsibility in accordance with law.
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It's so easy to do: 1. Keep the evidence of your work there, such as labor contracts, payroll records such as bank bills, and even work records.
2. Bow first and then soldier: talk to him first, only with him and not with others, which is called negotiation and termination.
3. If the negotiation fails, prepare the materials and go to the local labor arbitration commission to complain directly.
4. Do not sign any documents given by him in the near future.
General result: at least (4+1) months of salary compensation (no tax deduction), if he does not sign the employment contract, then he is miserable - you have to pay double the full amount of your previous salary, if you do not pay insurance, the local authority will punish him.
This is the boss of Shenma, bullshit. Don't be afraid, you have to treat this kind of unscrupulous so-called boss like this!
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How to compensate for the dismissal of the unit after 16 years of service depends on the situation. If the employee voluntarily resigns, the employer is not required to pay any economic compensation or compensation; If the employer dismisses the employee without legal reasons and causes the employee to leave the job, the employee shall be paid more than 32 months' salary as compensation in the case of 16 years of service, and the salary standard shall be calculated based on the average salary of the individual in the 12 months before the resignation. If the employee is dismissed by the employer for serious violation of the employer's violation system, the employer does not need to compensate the employee financially, but needs the employer to provide evidence and notify the employee in writing to terminate the labor relationship.
Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the person who is late in the verification of labor sales in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.
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If the employee voluntarily resigns, there is generally no compensation, if it is voluntary, it is agreed by both parties, and there is also compensation, but if the employee does not agree and the employer terminates the labor contract in violation of regulations, not only compensation, but also compensation. The parties have already signed a letter of willingness to resign, and generally cannot renege on it. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract.
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 the regulations. If the employer does not compensate and compensate, the employee may appeal to the labor administrative department to protect his or her rights. According to Article 39 of the Labor Contract 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) Seriously violating the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employing unit;
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 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 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Article 80 Where an employer's rules and regulations directly related to the personal interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation. 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 stipulated in Article 47 of this Law. Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.
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If an employee who has worked in the company for 10 years is dismissed, he can claim compensation from the employer, and pay double the economic compensation as compensation according to the employee's working years in the unit, that is, for every year the employee has worked in the unit, the employer needs to give the employee two months' salary as compensation.
1. What should I do if the company dismisses employees for more than ten years?
If you are dismissed by the employer after ten years of continuous service, you can claim compensation, and the way of compensation is different according to the reason for the dismissal.
1. Enterprises that take the initiative to dismiss employees need to give economic compensation according to the situation. Severance shall be paid to the worker at the rate of one month's salary for each full year of 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.
2. If the enterprise dismisses without cause, it is a violation of the Labor Contract Law, and the employee shall be compensated according to twice the economic compensation standard.
Therefore, whether the company needs to pay compensation or compensation when dismissing an employee depends on the actual reason for the company to dismiss the employee. In some cases, the Company is not required to pay any compensation or compensation. However, in some cases, it is necessary to pay, and in practice, it is necessary to determine whether to pay compensation or compensation according to the circumstances.
2. What is the company's process for dismissing employees?
1) The dismissal of employees who are at fault should have a factual basis and a system basis.
The employer cannot dismiss an employee who violates discipline, but must be an employee who violates discipline before the employer can dismiss him. Therefore, what constitutes a disciplinary violation is very important for the employer.
2) Employees who are not at fault shall be notified in advance and severance shall be paid.
Dismissal of an employee who is not at fault is limited to the following:
1. The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he cannot engage in the original job or the work arranged by the employer;
2. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;
3. The objective circumstances on which the labor contract is based have undergone major changes, resulting in the inability to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation. Employees who are not at fault must be notified in writing 30 days in advance of the dismissal and shall be paid severance according to the number of years of service.
If an employee is dismissed by the employer after ten consecutive years of service, he or she may claim compensation, and if the employer dismisses an employee who is at fault, it needs to explain the reason for the dismissal and the relevant legal basis, and does not need to pay the employee economic compensation, but only needs to settle the salary with the employee, go through the resignation procedures for the employee, issue a certificate of termination of the labor contract, and transfer the social security relationship and files.
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1. If the employee is dismissed after 10 years of service in the unit, he or she may be required to pay 10 months' average salary (calculated according to the payable salary) of the employee before the termination or termination of the labor contract as economic compensation. 2. If the employer is involved in illegal dismissal, it is also required to pay double the compensation to the employee.
Article 39 of the Labor Contract Law The employer may terminate the labor contract under any of the following circumstances: (1) It is proved that the employee does not meet the employment requirements 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 harm 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.
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