How to apply for arbitration if you are dismissed for violating discipline?

During the performance of the labor contract, whether there is compensation for dismissal by the employer depends on the reasons for dismissal:

1. Due to serious violation of law and discipline, the employer terminates the contract without compensation according to Article 39 of the Labor Contract Law, and may even compensate the employer for losses.

2. If the contract is terminated according to the provisions of Articles 40 and 41 of the Labor Contract Law, the employing unit shall pay the economic compensation of one month's salary to the employee every year according to the working years of the employee, and the time for more than half a year but less than one year shall be counted as one year, and the time for less than half a year shall be counted as half a year. Among them, if the contract is terminated in accordance with the provisions of Article 40 of the Labor Contract Law, a written notice shall be given 30 days in advance or an extra month's salary shall be paid instead of the notice.

Second, the termination of the contract by the employer does not conform to the provisions of Articles 39, 40 and 41 of the Labor Contract Law, and it is illegal to terminate the contract. Laborers may demand to continue to perform the contract or double the economic compensation.

Attachment: Labor Contract Law

Article 39 The employing unit may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) 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.

Article 40 Under 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 is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.

Article 41 Under 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 may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off 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.

The answer to the above content was found on the barrister's website and I saw the explanation. I hope this helps.