1. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year of working in this unit; For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the employee shall be paid economic compensation for half a month's salary. Economic compensation refers to the average salary of the employee in the twelve months before the dissolution or termination of the labor contract.
2. Compensation: It is illegal for the company to dismiss employees without justifiable reasons, and compensation should be made. The standard of compensation is twice that of economic compensation, including economic compensation.
3. If no contract is signed, it shall be paid twice the monthly salary, which is generally 1 1 month, excluding the paid salary.
Under any of the following circumstances, the employee may terminate the labor contract:
1. Failing to provide labor protection or working conditions as agreed in the labor contract;
2. Failing to pay labor remuneration in full and on time;
3. Failing to pay social insurance premiums for workers according to law;
4. The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;
5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;
6. Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.
If the company dismisses you without legal reasons, it is illegal to terminate the labor relationship. According to Article 87 of the Labor Contract Law, if an employer dissolves or terminates the labor relationship in violation of the provisions of this law, it shall not only pay full wages, but also pay compensation to the workers twice the economic compensation standard stipulated in Article 47 of this law.
The calculation of economic compensation shall be in accordance with the provisions of Article 25 of the Regulations for the Implementation of the Labor Contract Law, and the calculation period of compensation shall be calculated from the date of employment.
2. If the unit doesn't sign a labor contract with you, it's illegal. According to the provisions of Article 82 of the Labor Contract Law, if a written labor contract has not been signed with the employee for more than one month and less than one year since the date of employment, you can ask the unit to pay twice the salary.
The company will not give you the above requirements easily. You can only apply to the labor arbitration department for arbitration (free of charge) and claim compensation from the unit through the award issued by labor arbitration. If the company still refuses to pay compensation, it can also apply to the court for enforcement.
4. If it is settled through labor arbitration, you can also ask the unit to pay you extra compensation according to the standard of more than 50% 100% of the payable amount according to the provisions of Article 85 of the Labor Contract Law.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 41 of the Labor Contract Law
Under any of the following circumstances, it is necessary to reduce more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise. The employing unit 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 employees and reporting to the labor administrative department, it may reduce employees:
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract. According to the above situation, we can see whether the company's layoffs belong to this situation. If so, the company needs to pay economic compensation to the workers. The compensation standard is to pay one month's salary and economic compensation to the laborer every year according to the number of years the laborer has worked in this unit. For more than six months but less than one year, it shall be counted as one year; If the employee is less than six months, the economic compensation of half a month's salary is paid, which is called N.
Article 46
The employing unit shall pay economic compensation to the laborer if it terminates the labor relationship in accordance with the above provisions of Articles 36, 40 and 4 1.
Article 47
1. The economic compensation shall be paid to the laborer according to the standard of paying one month's salary for each full year of working in this unit; 2, more than six months but less than one year, according to one year;
3, less than six months, pay economic compensation for half a month's salary to the employee, and the monthly salary refers to the average salary of the employee in the twelve months before the dissolution or termination of the labor contract.