HR: Don't vent your emotions, make it clear what you want and ask what you will compensate!
Inquire about the specific reasons for dismissal: if it is reasonable, please ask the company to issue a notice to terminate the labor contract; If it is unreasonable, please take the initiative to refuse; (:remember to record; It might be a little confusing the first time. Don't decide important things easily. You can simply reply "I'll think about it" first.
Inquire about the specific departure time: if you give 30 days' notice in advance, the company needs to compensate N months' salary; If you just notify me to leave immediately, the company needs to compensate N+ 1 monthly salary!
Ask about the specific compensation content: When will the compensation agreement be signed? How is the compensation calculated? What is the specific payment time? Is the non-competition agreement valid and how much is the monthly compensation?
There is another problem that is easy to ignore: when is the final payment of social security provident fund? How to calculate unused annual leave, unadjusted overtime hours or unpaid overtime wages? When will the certificate of separation be given?
It's all solved above. Read the contents clearly when signing the agreement: 1) point out the unfavorable contents in time? 2) Is the compensation amount clearly written? 3) Is the payment time clearly written?
Second, understand the laws and regulations: how to calculate N/N+ 1/2N?
The economic compensation shall be paid according to the standard of paying one month's salary for each full year; For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
The monthly salary here refers to the average salary of the laborer 12 months before the dissolution or termination of the labor contract. If it is less than 12 months, the average salary shall be calculated according to the actual working months.
Suppose my working experience in this company is 2 years and 6 months, and my average salary before 12 months is1.5w.
The compensation for my illegal dismissal should be 2N=2*3 (working years) * 1.5 (average salary) =9W, if n+1= (3+1) *1.5 = 6w, if n = 3 * 65438
Suppose my working experience in this company is 2 years and 2 months, and my average salary before 12 months is1.5w.
The compensation for my illegal dismissal should be 2N=2*2.5 (working years) * 1.5 (average salary) =7.5W, if n+1= (2.5+1) *1.5 = 5.25w, if
Calculate economic compensation
Third, understand the means of illegal dismissal: the big social environment is laying off employees, but the means are completely different.
Threatened with persuasion, the company needs to pay 2N: the essence of persuasion is to terminate the labor contract, and the company needs to pay n after the employees agree through consultation; If the employee does not agree, the company unilaterally terminates the contract, and the company shall pay 2N.
If you threaten to reduce your salary, you need to pay compensation. N: The essence of salary reduction is to change the labor contract, which must be signed by employees. If the company unilaterally modifies the salary or forcibly reduces the salary, the company shall pay N.
The reason is that the performance appraisal is not up to standard, and I need compensation. N: The company needs to provide performance appraisal standards and quantitative data to see if there is any evidence to prove that my ability is not up to the post. If the oral expression is invalid, the company should pay n.
Requiring 2N compensation on the grounds of elimination from last place: just because an employee in the team ranks last does not mean that the employee is incompetent. Such dismissal is illegal, and the company should pay 2N.
If you dismiss because the probation period does not meet the employment conditions, you need to pay 2N compensation: the company needs to provide evidence and assessment criteria that do not meet the employment conditions. If the assessment result of probation period is unilaterally confirmed invalid by the company, it is illegal to dismiss at will, and the company should pay 2N.
On the grounds that the contract is not renewed upon expiration, N/2N shall be compensated: 2n shall be paid if the labor contract is not signed; If the contract just expires and the company refuses to renew it, the company shall pay N; After the expiration, if the contract is not renewed but the company still works, the company shall pay 2N.
On the grounds of incompetence during pregnancy, it is necessary to pay 2N compensation: it is not allowed to reduce the salary, dismiss or terminate the labor or employment contract of female employees because of pregnancy, childbirth and breastfeeding; If the laborer can request to continue to perform the labor contract, the company shall timely perform and pay wages and social security; The company was unilaterally and illegally dissolved, demanding to pay 2N and maternity allowance during maternity leave.
Understand the defense at the first time, understand the compensation you deserve, and understand what illegal dismissal is?
The next step is to claim compensation:
If you know more, you will have more courage to negotiate, and at the same time you will have your own judgment standards, which will not be easily disturbed.
The negotiation with HR was successful. Congratulations, you went smoothly and saved a lot of time and energy.
If the negotiation with HR fails, don't be discouraged. First, try to threaten to stand with the company without compromise, or arbitration without compensation. Then start action, collect evidence, and call the labor inspection brigade to report. If the company still insists, then submit an arbitration application and submit evidence to prepare for arbitration.
From June of 20021year, I began to leave my job without pay, kept punching in to work, and collected evidence of unpaid wages. I didn't file for arbitration until the middle of June, 200211,and the court session was held in February, 2022. In May 2022, I finally got the ruling and got 6W+. So, dear friends, don't be ashamed of layoffs, let alone blame yourself, and actively minimize losses.
Finally, I want to say: arbitration is growth, not misfortune.
In the face of the company's ruthlessness, colleagues' indifference and practical difficulties, I don't feel that I have any major events or that I am unlucky; It may be painful or bumpy for others, but I don't think it's a big problem here. It's better to experience early than late. My choice is that I am willing to grow for it! ! ?
Welcome professionals to add, I wish you all the best.