1. What is the compensation standard for dismissing employees in Shenzhen?
The compensation standard for dismissing employees in Shenzhen is determined according to employees' wages and working years. According to the relevant provisions of China's laws, it is illegal for a unit to terminate the labor contract without reason, and the employee can claim twice the economic compensation for illegally terminating the labor contract. The specific legal provisions are that if the employer terminates or terminates the labor contract in violation of the provisions of this law, the employer shall continue to perform the labor contract at the request of the employee; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the regulations.
People's Republic of China (PRC) labor contract law
Article 48
Legal Consequences of Unlawful Dissolution or Termination of the Labor Contract If the employing unit dissolves or terminates the labor contract in violation of the provisions of this Law and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 87
Violation of Legal Liability for Dissolving or Terminating a Labor Contract Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.
Second, how to protect the rights of employees who have been illegally dismissed?
According to the law, employees who are usually illegally dismissed have two ways to defend their rights.
The first way: accept the fact that the company has dissolved or terminated the labor contract. Accept the fact that the company has dissolved or terminated the labor contract. Collect relevant evidence in order to further claim compensation from the company. This scheme is more suitable for employees who have worked in the company for a long time and whose labor contracts are about to expire or have not been fulfilled for a short period. When the labor contract is terminated, they can ask for more economic compensation. When claiming compensation from the company, you can claim compensation items according to the Labor Contract Law:
(1) Economic compensation for dissolution or termination of labor relations;
(2)50% extra economic compensation;
(3) Strive for payment in lieu of notice and 25% economic compensation;
(4) The compensation for illegal dismissal is 2 times of the economic compensation;
(5) If a labor contract is not signed, compensation of twice the salary can be recovered.
The second way: it is required to continue to perform the labor contract, restore the labor relationship between the two parties, and pay the salary according to the original salary standard. This scheme is suitable for employees with shorter working hours and higher wages, because if the amount of economic compensation required to terminate the labor contract is low, it is required to continue to perform the labor contract, and the amount of supplementary wages is much higher than the amount of economic compensation. When choosing this scheme, we should pay attention to whether the workers are at fault in being dismissed or dissolving the labor contract.
In our daily life, most people must have relevant legal awareness when they enter the company, that is, after signing a written labor contract with the employer, if the employer where the employee works dismisses the employee in some illegal ways, they can ask for compensation, and if they dismiss the employee in a legal way, they also need to ask for economic compensation.