What is the explanation for double pay for a dismissed employee? 5

The company's compensation standard for dismissed employees is generally double the severance as compensation.

The compensation here only refers to the situation where the company illegally terminates the employment contract. Severance shall be paid to the worker 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.

Legal basis] Article 47 of the Labor Contract Law.

Severance shall be paid to the worker 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.

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.

No. If an employee is dismissed without cause, the employee can apply for labor arbitration, and if he or she applies for economic compensation, he or she should be compensated for one month's salary for one year, and there is no compensation for double wages.

According to China's labor law, if the company dismisses an employee without reason, the employee can ask for double wages, and if the company does not pay, he can report to the labor bureau.

If an employee is dismissed without cause, the employee can claim compensation for double wages, which is a reasonable request and will be supported by the law.

If you dismiss an employee, you don't need a reason, you don't have to violate the labor law, you can claim compensation, but there is no double compensation.

If the employee is dismissed without cause, then the employee needs to be compensated, and the specific amount needs to be negotiated, and if the negotiation fails, the complaint to the labor inspection department can also be resolved through the court.

Yes, if an employee is dismissed without cause, according to the provisions of China's labor law, the specific amount depends on the specific circumstances, such as your working hours and contracts.

However, the dismissal of the employee is Kexin's request to pay double wages, because after all, this is the company's problem, and he needs to pay compensation, so that the employee can be dismissed.

If I dismiss an employee without cause, you have to sign a contract. Ask him for triple wages.

If there is a labor contract for the dismissed employee, the employee can request the company to compensate according to the scope of the contract compensation.

Hello, I'm glad to answer this question for you, so your question is that the company innocently dismissed the employee, so can the employee ask for double wages? So I personally think that this labor law has regulations, the company innocently dismisses the employee, then the employee in this company, if he has been in this company for one year, then he has to compensate one month's salary, then for five years, he has to compensate for five months' salary.

If you want unemployment benefits, you can get tens of thousands. Including medical insurance pension insurance. There is also unemployment benefit, which is subsidized for several months.

Your question is to say that if you fire an employee, can an employee ask for double wages? In this case, of course, you can ask for double wages, because the contract law stipulates that as long as the employer dismisses you without reason during the contract period, then you ask the employer to compensate you for double economic losses, but in this case, you can only apply for labor arbitration.

If an employee is dismissed without cause, can the employee claim double pay? I think that if there is no reason for the dismissal of the employee, the employee can make some compensation from the company. I think he's going to make reparations for you.

If an employee is dismissed without cause, can the employee claim double pay? Employees can ask for double pay, but it's another thing if the boss doesn't.

Yes, compensation must be claimed.

Labor arbitration may be requested.

If you don't sign a contract with Sun Luli, you will be dismissed with double salary. To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer fails to conclude a written labor contract with the 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.

A: If you are dismissed, you can claim compensation in the following ways:

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 economic compensation and compensation through the labor administrative department;

3. Submit evidence to the labor arbitration commission to apply for labor arbitration.

Should an employee who is dismissed without cause be compensated double the salary? Article 46 of the Labor Contract Law [Economic Compensation] Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except where the employer maintains or raises the conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 48 [Legal Consequences of Illegally Dissolving or Terminating a Labor Contract] 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. The above is the relevant content of the summary of the network, if there is anything you can't understand about this article, you can find a lawyer through the network for consultation and guidance, and they can tell you the answer directly.

Article 82 of the Labor Contract Law of the People's Republic of China 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-term labor contract should have been concluded.

Dismissal does not require double salary, and generally needs to be determined in combination with the actual situation.

Article 29 of the Labor Law If an employee falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws and administrative regulations. Article 87: 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 25 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China: If the employer terminates the labor contract in violation of the provisions of the labor contract law or pays compensation in accordance with the provisions of Article 87 of the labor contract law, it shall not pay economic compensation. The calculation period of compensation shall be calculated from the date of employment.

1. Under what circumstances are there no compensation for dismissed employees?

1. The worker is proved to be ineligible for employment during the probationary period.

2. The worker seriously violates the rules and regulations of the unit.

3. The worker is seriously derelict in his duties or commits fraud for personal gain, causing heavy losses to the unit.

4. The worker establishes labor relations with other units at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the unit.

5. The worker uses fraud, coercion or taking advantage of the danger of others to make the employer conclude or modify the labor contract under the circumstance that violates the true intention.

6. The worker is investigated for criminal responsibility in accordance with the law.

2. What are the circumstances of illegal dismissal of employees?

1) Workers who are exposed to occupational disease hazards from the Huai Department have not undergone a pre-departure occupational health examination, or are suspected of being an occupational disease patient during the period of diagnosis or medical observation;

2. Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work;

3) Illness or non-work-related injury, within the prescribed medical treatment period;

4) Female employees are pregnant, giving birth, or breastfeeding;

5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age;

6) Other circumstances provided for by laws and administrative regulations.

The calculation base of double wages is the monthly wage of the employee, which refers to the average wage of the employee in the 12 basic months prior to the termination or termination of the labor contract. If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as 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 severance shall not exceed 12 years. The legal basis is the Labor Code.

Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China 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 salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the employee enters into a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law. The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

The calculation base of double wages is the monthly wage of the employee, which refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract. 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 legal basis is the Labor Code.

Article 6 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of China 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 salary in accordance with Article 82 of the Labor Contract Law and make up a written labor contract with the employee; If the worker does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law. The starting point for the employer to pay twice the monthly wages to the employee as stipulated in the preceding paragraph shall be the second day after the expiration of one month from the date of employment, and the deadline shall be the day before the written labor contract is supplemented.