I signed a contract with my boss in 08 and he made excuses to fire me in June this year

1. All kinds of circumstances are very unfavorable to you, just talk about your disputes and quarrels with the boss, he can fire you according to the company's internal management regulations, (because the labor law recognizes the legality of the company's regulations formulated and reviewed.) ）

2. You want to sue him for breach of contract and get compensation. It is an act to protect one's own legitimate rights and interests, but there is no basis for an empty mouth, and in the arbitration court, your situation can be imagined.

3. And the boss now wants to take this opportunity to bite you back, and he is scheming and has found someone. But there is no need to worry, because the people he is looking for are some of his employees, and he has a certain stake in him. (The law excludes interested persons in the category of witnesses.)

You can use this to invalidate the so-called evidence.

4. What can you do, 1. You can ask the arbitrator to exercise his power to investigate and collect evidence, and ask those witnesses to make a fair and objective statement. Still, there is little hope. 2. You can also show that you do not want to quit or do not want to do the job from the abruptness of your temporary job search and the unreasonableness of the 13-day salary.

3. You can use the asymmetry of the status, authority, and asymmetry of the two parties to the labor law, that is, you and your boss, to ask the arbitration institution to put the burden of proof on the boss, so as to make a judgment in your favor. (The burden of proof, simply put, is that if you can't produce evidence, you lose.) Asymmetry, that is, your money, status, power, power and the boss's are not on the steps, we are weak.

5. Now let's talk about the consequences of this matter, 1 you win, you can get three months + one month + 25% of the money this month. 2 If you lose, the 13 days you go to work will be in vain, and you will be given to the boss as liquidated damages. It was impossible for him to ask for so-called compensation.

You will receive one month's salary for each year of service).

If the company dismisses without any reason, or if the reason found is not legal, it is illegal to terminate the labor contract.

Article 87 of the Labor Contract Law shall apply to the compensation standard, and the compensation shall be paid at twice the compensation standard.

According to the fact that you came to the company in March 07, you can get nearly six months' salary as compensation for you.

However, in practice, there are many cases in which the company is forced to terminate the labor contract by the employee after wearing small shoes. So keep an eye on it.

6 months of severance for normal dismissal, plus one month for dismissal without one month's notice, for a total of 7 months.

In case of dismissal in violation of labor laws, double the severance is paid, i.e. 12 months' salary.

Severance = Compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all wages due in the current month, which is the number before deducting personal insurance and provident fund.) ）

According to Article 87 of the Labor Regulations, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this 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.

Q: I worked for a private company for 8 months, and then my boss made an excuse to dismiss me, during which the company did not sign a written employment contract with me and did not pay social insurance.

1. Pay from the date of entry of the employee. 2. Determine the base amount and payment ratio of employees' social security. (1) The social security base paid by the employee shall be determined according to the average monthly salary of the previous year, the actual monthly average of less than 12 months of the previous year, and the payment base shall not be less than 60% of the average salary of the province in the previous year and shall not be higher than 300% of the average salary of the province in the previous year.

2) Contribution ratio: 28% of endowment insurance (20% for enterprises, 8% for individuals), 10% for medical insurance (8% for enterprises, 2% for individuals), 3% for unemployment insurance (2% for enterprises, 1% for individuals), and work-related injury and maternity insurance are paid in full by enterprises according to a certain proportion of total wages. The social security payable by employees shall be withheld and paid by the enterprise in the wages payable by employees. 3. The incumbent is entitled to medical insurance benefits, work-related injury benefits, and maternity benefits according to social security regulations, and the unemployed are entitled to unemployment benefits.

If the payment period is 15 years or more and the statutory retirement age is reached, the retirement salary and retirement medical insurance will be enjoyed.

Very simple. If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

If the employer refuses to enter the company, it should immediately call the ** of the Labor Inspection Brigade and ask them to solve the problem. Even if they do not enter the unit, the labor inspection brigade has a record of filing a case, which can be used as important evidence in future labor arbitration.

With the dismissal certificate, you can apply for labor arbitration, and if the dismissal is in violation of the labor law, you can claim twice the economic compensation.

What is a trumped-up charge? Dismissal must be justified for a sufficient reason.

You can apply for labor arbitration in accordance with the provisions of the labor contract and claim economic compensation.

I'm in a lot of mood, I'm telling you, this boss of yours is completely unreasonable, you go to arbitration, get the information, you win, and finally I sent you this letter. The content is, 1. Since November 28, 2011, if you do not come to work, you will be treated as absenteeism, please come to the company to work as soon as possible, otherwise you will bear the consequences. Because you do not come to work without authorization, you have caused a lot of losses to the company, and the company will claim compensation through the law.

2. Because you do not provide the payment procedures of labor insurance (i.e., three golds), the company can not pay for you, please bring the part you should pay and the part you received to the company within three days to handle the payment, otherwise it will be paid in your salary, and the insufficient part will be asked for by you personally.

3. Because you have not completed the sales task according to the company's performance appraisal regulations since August 2011 (three months and 23 days), you have only completed 9,350 yuan, of which 3,800 yuan, because you have not communicated well with customers, and have not recovered the money so far. According to the company's performance appraisal regulations, 1,200 yuan of wages will be deducted every month, and a total of 4,520 yuan will be deducted from wages.

It's unreasonable, and it's not effective at all, so you can apply for arbitration, and if he enforces it, he won't give you the words to come to me.

Find a billing company.

Is it easy to work to earn some money?

I am also the boss of a small company, and to put it in my conscience, we have no way to buy five insurances and one housing fund for all employees and workers under the condition that the DAO maintains a certain level of wages.

We really have no choice, the industry is fiercely competitive, and our gross profit margin is very low; inflation, our fees are very high; In addition, the various tax and other departments are asking for food and cards, and we can't breathe. We are not a state-owned enterprise with financial allocation, it doesn't matter if we make money or lose money, the survival of the enterprise is already our only goal.

Don't say that we are black-hearted bosses, we the hearts of selling white powder, the money we earn from selling cabbage, get up early and be greedy for darkness, and work overtime by ourselves to save overtime pay, and you don't know how to lose money a lot of times.

However, it is not right for your boss to give you a letter at the end, so it is recommended that you go and talk to your boss and resolve it peacefully, so as not to lose both.

Find a lawyer to sue him. He didn't say a word for him to give evidence.

First of all, your boss's practice is a violation of contract law, so you can.

Sue him, but you have to have proof back.

But now this kind of answer is very common in enterprises, and the court will also examine the actual situation when accepting it, even if you win the judgment, there is no way to do it without enforcement. It's best to communicate with the boss, give you what should be given to you, don't want to do it there, don't trouble both parties.

It's best that way.

Why not give? Do you go and ask for it, don't give it? If this is the case, you can apply for labor arbitration, but the premise is that you must have evidence of the elements, at least to prove that you have worked for the company for a short period of time and have an employment relationship with the company, so that you can not only get back the salary in August, but also ask the employer to pay double the salary of the past year without signing the contract.

Remember, you must not rush to apply for arbitration, and you must prepare evidence first, otherwise it will not be accepted.

First, the labor inspection brigade where the unit is located complains.

Second, in the case of labor disputes, labor arbitration must be initiated first, and if you are not satisfied with the arbitration, you can go to the court to file a lawsuit.

Third, the employer has not signed an employment contract with you. According to the Labor Contract Law of the People's Republic of China and other relevant regulations, the employer shall pay you double your salary from August 23, 2010 to September 18, 2011. In addition, the employer is subject to administrative penalties.

It is not impossible for an employee who has signed an employment contract to be dismissed, but it must meet the conditions or reasons prescribed by law. If you feel that the reasons or conditions for your boss's dismissal do not meet the requirements of the law, you can apply for labor arbitration. The following is the text of the law, you can learn to refer to whether there is a matching seat.

Labor Contract Law of the People's Republic of China

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 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 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the employees, it may reduce the number of personnel after reporting to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported.

Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

Hello, if it is dismissed without a valid reason, you can ask the company to pay double the compensation.

Provisional dismissal without cause due to lack of specific circumstances.

1. Require the company to double the economic compensation. It can be used through labor arbitration.

2. Ask to restore the labor relationship and continue to work (it is not recommended, because both parties have torn their faces, and they will only be wearing small shoes when they go to work).

There is no such thing as 'compensation will be paid according to a two-year contract if the contract period does not end'. Now the employer dismisses you and the reason is not sufficient, you can get 2 months of compensation.