Dongyuan County Lawyer
Wushi County Lawyer
Baqing County Lawyer
Nim County Lawyer
Daoli District Lawyer
Lingling District Lawyer
It is the legal right of the company to dismiss employees, but such dismissal must comply with legal provisions, otherwise it will become Illegal dismissal. When an employee is illegally dismissed, can he claim compensation from the employer? I believe many people don't know much about this. Let the editor give you a detailed answer.
1. Is there compensation for illegally dismissing employees?
As for the issue of whether employees who are dismissed illegally are compensated, if the employer unilaterally terminates the labor contract, it should generally pay economic compensation to the employees. The specific circumstances are as follows:
1. The company terminates the labor contract in accordance with the provisions of Article 40 of this Law: that is, the employee is sick or injured not due to work, and after the expiration of the prescribed medical period, he cannot engage in the original job. Unable to engage in work that is otherwise arranged by the employer; the employee is not competent for the job and is still unable to do the job after training or adjustment;
The objective circumstances on which the labor contract was concluded have undergone significant changes, resulting in the labor The contract cannot be performed, and the employer and the employee cannot reach an agreement on changing the content of the labor contract after negotiation; the employer terminates the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary.
2. If the company terminates the labor contract in accordance with the provisions of Paragraph 1 of Article 41 of this Law, the employer shall lay off employees in accordance with the law.
2. What should employees do if they are illegally dismissed?
1. The right to request extension of the contract.
As can be seen from the above, as long as the employee has worked continuously for fifteen years and is less than five years away from the legal retirement age, even if the labor contract has expired, the employee has the right to propose an extension of the labor contract until retirement. Therefore, in this case, the employer has no right to terminate the labor relationship with him, and Mr. Shen also has the right to request the employer to renew the contract.
2. Obtain corresponding compensation for illegal dismissal.
(1) Economic compensation
Refer to Article 47 of the Labor Contract Law: “Economic compensation shall be paid to workers at the rate of one month’s salary for every full year. If the employee has been employed for more than six months but less than one year, it shall be calculated as one year; if the employee has been employed for less than six months, the employee shall be paid a financial compensation of half a month's salary. "Unilateral dismissal by the company is an illegal dismissal, and the employer shall pay a compensation equal to half a month's salary for each full year of service. Financial compensation is paid as standard for one month's salary (up to 12 months).
In addition, Article 87 of the "Labor Contract Law" also stipulates: "If the employer violates the provisions of this law to terminate or terminate the labor contract, it shall comply with the economic and economic regulations stipulated in Article 47 of this law. Compensation shall be paid to the employee twice the compensation rate. ”
(2) Payment in lieu of notice
In addition, if the employer gives 30 days’ written notice of dismissal, the employee has the right to submit a notice to the employee. The company advocates financial compensation of one month's salary.
Dismissal is the involuntary termination of the employment relationship between an employee and an organization. Dismissal is often driven by the organization, while termination of employment is caused by the employee's personal reasons. In China's state-owned enterprises and collective enterprises, it is also called expulsion.
According to the laws of our country, employees can request compensation from the unit at this time. The specific method of compensation generally needs to be calculated based on the employee's actual working years in the unit. Generally, those who work for one year can receive one month's salary as compensation. If you have questions in this regard, you can call our online lawyers directly.
Extended reading:
Is a suspended prison term dismissal from public office?
Does the company need to compensate employees when it fires them?
What should I do if I am fired by my employer?