How to pay the compensation for temporary employees of public institutions after they are dismissed?

Summary. If the temporary employees of public institutions are dismissed by themselves, the temporary employees shall compensate the temporary employees according to their actual conditions. For temporary employees who believe that they have a good reason for dismissal, they can apply to the temporary employer for compensation.

According to Articles 41 and 42 of the Labor Law of the People's Republic of China, when a temporary employee of a public institution dismisses himself, he or she shall, in accordance with the conditions and time limit agreed in the temporary employment agreement, pay the temporary employment fee to the temporary employment unit, and pay the wages and social insurance premiums paid during the temporary employment period. Article 45 of the Labor Law of the People's Republic of China stipulates that when an employee and an employer terminate their employment relationship, the employer shall pay the employee's current wages and the losses generally suffered by the employee as a result of the termination of the employment relationship, including the wages, bonuses and subsidies that are not paid during the working period, as well as the economic losses generally suffered by the employee as a result of the termination of the employment relationship.

If the temporary employees of public institutions are dismissed by themselves, the temporary employees shall compensate the temporary employees according to their actual conditions. For temporary employees who believe that they have a good reason for dismissal, they can apply to the temporary employer for compensation. According to the provisions of Article 41 and Article 42 of the Labor Law of the People's Republic of China, when a temporary employee of a public institution dismisses himself, he or she shall, in accordance with the conditions and time limit agreed in the temporary employment agreement, pay the temporary employment fee to the temporary employment unit, and pay the wages and social insurance premiums paid during the temporary employment period.

Article 45 of the Labor Law of the People's Republic of China stipulates that when a worker and an employer terminate their employment relationship, the employer shall pay the employee's current wages, the wages of the employee, and the losses generally suffered by the employee due to the termination of the labor relationship, including the wages, bonuses and subsidies that are not paid during the working period, as well as the economic losses generally suffered by the workers in Xunzhou due to the termination of the labor relationship.

After 13 years of temporary employment in the school, due to the increase in the workload of the school, I am not competent, can I apply for compensation if I am dismissed?

Hello! Are you there?

No, oh kiss. Because it is normal for the school to increase the workload, it is not a breach of contract, so it cannot be compensated.

What if the school dismissed him?

According to Article 65 of the Labor Contract Law, if the employer terminates the labor contract or the employer proposes to terminate the labor contract, it shall pay a certain amount of compensation to the employee. Therefore, you can apply for compensation from the school in accordance with the law.

Dismissal of temporary workers in public institutions under the new policy can also be compensated accordingly. Regardless of whether it is a temporary worker or not, as long as the employee and the employer constitute a de facto labor relationship, they can claim corresponding compensation in accordance with the relevant laws and regulations of China, and if the employer refuses to pay, they have the right to apply to the Labor Bureau for arbitration.

1. Can I get compensation for dismissal of temporary workers in public institutions under the new policy?

In the new policy of temporary workers in public institutions, dismissal can also be compensated accordingly. The severance that the employer needs to pay to the employee is as follows: the compensation is paid to the employee at the standard of one month's salary for each full year; if it is more than six months but less than one year, it shall be calculated as one year, that is, one month's salary shall be paid as compensation; If it is less than six months, the worker shall be paid half a month's salary for the economic compensation for the compensatory service.

2. What are the legal procedures for terminating an employment contract?

1) A written notice of termination of the labor contract shall be prepared and served on the employee, and the notice of termination of the labor contract shall state the facts, reasons and basis for the termination of the labor contract by the employer.

2) The labor union shall be notified of the reasons for the termination of the labor contract in advance. If an employer violates the provisions of laws, administrative regulations or the provisions of the labor contract, the trade union has the right to request the employer to make corrections. The employer shall study the opinions of the trade union and notify the trade union in writing of the outcome.

The termination of a labor contract by an employer is closely related to the interests of employees, and a trade union is an organization that safeguards the legitimate rights and interests of employees. If the employer notifies the labor union in advance of the unilateral termination of the labor contract, the labor union will be able to discover and stop the illegal termination or infringement of the rights and interests of the employee in a timely manner.

3) Issue a certificate of dissolution or termination of the labor contract at the time of dissolution, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days.

4) If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the employee completes the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least 2 years for future reference.

3. What are the legal characteristics of terminating an employment contract?

1. The terminated labor contract is a valid labor contract established in accordance with the law.

2. The termination of the labor contract must be carried out after the terminated labor contract is concluded and takes effect in accordance with the law, but before it is fully performed.

3. Both the employer and the employee have the right to request the termination of the labor contract in accordance with the law;

4. The termination of the labor contract through negotiation between the employer and the employee may not be subject to the termination conditions stipulated in the labor contract.

During the performance of the labor contract, if the employer discovers that the employee has violated discipline and law, it may terminate the labor contract in accordance with the provisions of the labor contract signed by both parties in accordance with the law and the laws and regulations of the state. However, if the employee is not at fault, the employee cannot be dismissed, otherwise the employee will need to pay the corresponding compensation.

1. If the employer illegally terminates the labor relationship, the employer shall pay compensation of 12 of his own wages. 2. If the employer terminates the labor contract in accordance with the provisions of Article 40, Paragraph 1 of Article 41 and Paragraphs 4 and 5 of Article 44 of the Labor Contract Law, it shall pay economic compensation for 6 months' salary.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China stipulates that if an employee falls under any of the following circumstances, the employer may terminate the labor contract:

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

2) Serious violations of the employer's rules and regulations;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the unit that uses the Yuanyan people;

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.

Legal analysis: 1. If it is Kuanmin who illegally terminates the labor relationship by the unit, the employer shall pay compensation for 12 of his own wages. 2. If the employer terminates the labor contract in accordance with the provisions of Article 40, Paragraph 1 of Article 41 and Paragraphs 4 and 5 of Article 44 of the Labor Contract Law, it shall pay economic compensation for 6 months' salary.

Legal basis: Labor Contract Law of the People's Republic of China Article 39 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 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 unit, or refuses to make corrections after being proposed by the employer by chance;

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.

First of all, if the current employer dismisses you, how many years you have worked in the unit, you will be compensated for how many months' salary you have been paid according to the current salary standard. If you have work experience before 08 years can issue relevant certificates, such as the certificate of social security for you, then it should be calculated from 98 years, and you should be compensated for 14 months' salary. If you don't have any proof, because there is no contract, you can only calculate from 08 onwards and compensate you for 4 months' salary.

As for equal pay for equal work, although there is a legal basis for this, it is difficult to enforce, and the vast majority of dispatch workers are not entitled to equal pay for equal work. Your employer can refuse equal pay for any reason, such as if your employer does not have a position with you.

If you are dismissed now, you will be paid an extra month's salary at most, and there will be no other compensation.