First, which department the company dismisses does not seek compensation.
Usual practice
1. Complain to the labor bureau where the employer is located.
2. Complain to the labor arbitration committee where the employer is located.
(2) More economical methods:
1. complain to the labor inspection brigade of the local labor bureau and ask them to investigate.
If they don't come to investigate, they will complain to the labor bureau and write written materials.
3. Submit an arbitration request to the local labor arbitration committee.
If you are not satisfied with the arbitration result, you can bring a lawsuit to the people's court.
Second, the compensation for the termination of the labor contract without fixed term.
If both parties reach an agreement to dissolve or terminate the labor contract, the employer shall pay economic compensation in accordance with the provisions of Article 47 of the Labor Contract Law; If the employer unilaterally dissolves or terminates the labor contract, according to Article 87 of the Labor Contract Law, it is illegal for the employer to pay double compensation.
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the 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, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 87 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.
Third, how to compensate the company for dismissing employees without reason?
It is not impossible for a company to dismiss employees, but at this time it is necessary to operate in strict accordance with the law. If there is an unreasonable dismissal of employees, then the company's behavior is illegal. At this time, it is natural to bear corresponding legal responsibilities and compensate employees to some extent. So how can the company compensate for dismissing employees without reason? Next, I will give you a detailed answer to this question.
How to compensate the company for dismissing employees without reason?
According to Article 87 of the Labor Law
If the employing unit dissolves or terminates the 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.
Article 47
The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years in the 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, economic compensation of half a month's salary shall be paid to the workers.
The employer can only terminate the labor contract and dismiss the employee under legal circumstances.
There are four statutory situations:
(1) dissolve the labor contract through negotiation.
That is, Article 36 of the Labor Contract Law: "The employer and the employee may terminate the labor contract through consultation."
(2) Termination of the contract for breach of contract
That is, when the laborer is at fault, the employer has the right to unilaterally terminate the labor contract. There are no strict restrictions on the procedure of wrongful termination of labor contracts. The employer does not need to pay the economic compensation for the termination of the labor contract. If the law stipulates liquidated damages, the laborer shall pay the liquidated damages.
Article 39 of the Labor Contract Law: "In any of the following circumstances, the employer may terminate the labor contract:
1, proved to be unqualified for employment during the probation period;
2, a serious violation of the rules and regulations of the employer;
3, serious dereliction of duty, corruption, causing great damage to the employer;
4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
5. The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
6. Being investigated for criminal responsibility according to law.
(3) Termination of the contract without fault.
That is, the laborer himself is not at fault, but the labor contract cannot be fulfilled due to subjective and objective reasons, and the employer has the right to unilaterally terminate the labor contract after performing the procedures prescribed by law. There are strict restrictions on the procedure of terminating the labor contract without fault. Specifically, before terminating the labor contract, the employer shall notify the employee in writing 30 days in advance or pay the employee an extra salary of 1 month; If the employer chooses to pay the laborer extra 1 month to terminate the labor contract, the extra salary shall be determined according to the previous 1 month salary standard of the laborer. The employing unit shall pay economic compensation to the workers.
Article 40 of the Labor Contract Law: "In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
1. The employee suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by the employer after the prescribed medical treatment period expires;
2. The laborer is not competent for the job, and is still not competent for the job after being trained or adjusted;
3. The objective conditions on which the labor contract was concluded have changed greatly, which makes the labor contract impossible to perform, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Economic layoffs
Refers to the employees who are dismissed by the employer for economic or technical reasons in order to reduce labor costs and improve management, but account for more than 65,438+00% of the total number of employees in the enterprise. There are strict conditions and procedural restrictions on economic layoffs, and employers must abide by the regulations when laying off employees. In case of economic layoffs, the employing unit shall pay economic compensation to the workers.
Article 41 of the Labor Contract Law: "In any of the following circumstances, if it is necessary to lay off 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, it may report the plan for laying off employees to the labor administrative department:
1, reorganized in accordance with the provisions of the enterprise bankruptcy law;
2. Serious difficulties in production and operation;
3, enterprise production, major technological innovation or operation mode adjustment, after the change of the labor contract, still need to reduce staff;
4. Other major changes have taken place in the objective economic situation on which the labor contract was concluded, resulting in the inability to perform the labor contract.
It should be noted that those who should be given priority when applying for economic layoffs will enter into long-term fixed-term labor contracts with the unit; Conclude an open-ended labor contract with the unit; There are no other employees at home, and there are old people or minors who need to be supported. Restrictions on Re-employment after layoffs If an employer lays off employees according to law and re-hires employees within six months, it shall notify the laid-off employees and give priority to the laid-off employees under the same conditions.
The exception of economic layoffs is that the employer may not unilaterally terminate the labor contract. According to the provisions of Article 40 on no-fault dismissal and Article 4 1 on economic layoffs: the workers exposed to occupational hazards did not undergo occupational health examination before leaving their posts, or the patients suspected of occupational diseases were during diagnosis or medical observation; Party B suffers from occupational disease or work-related injury in this unit and is confirmed to have lost or partially lost the ability to work; Illness or non-work-related injury within the prescribed medical treatment period; Female employees during pregnancy, childbirth and lactation; Working continuously in this unit for 15 years, less than 5 years from the statutory retirement age; Other circumstances stipulated by laws and administrative regulations.
If the company dismisses employees normally, it may not involve the issue of compensation. However, in special circumstances such as layoffs, the company will also compensate employees. However, the nature here is different from compensation. After all, it is not illegal for the company to dismiss employees under the condition of compensating employees. And if you have a dispute with the company in this respect, you can actually entrust our professional lawyers to provide legal help.
The above gives you a detailed introduction to the relevant knowledge about which department to look for if the company dismisses without compensation. When dismissed by the company without compensation, you can complain to the labor bureau where the employer is located. If you have any other legal questions, please feel free to consult. We will have a professional lawyer to answer your questions.