It depends on whether it is reasonable and legal to terminate the labor contract. If the company terminates the labor contract in violation of regulations, it can bring a lawsuit according to laws and regulations, thinking that it will double the compensation.
Objections to labor relations must be submitted to labor arbitration first. If he is not convinced after passing the lawsuit, he can bring a lawsuit to the court.
Before applying for arbitration, it is suggested to collect and sort out relevant evidence before bringing a lawsuit to the arbitration commission.
There must be written evidence, such as notice of termination of labor contract or notice of post change.
If the enterprise forces employees to resign themselves, they can return to work without writing a resignation application. If they do this, there will be no financial compensation.
If the enterprise takes action, pay attention to private synchronization of audio and video recordings, which can be used as evidence.
If an enterprise changes the specific content of the labor contract without consultation, stops paying wages and pays social security, which leads to the inability to perform the labor contract, and drives the workers to clearly put forward the intention to terminate the labor contract, the enterprise shall bear the liability for breach of contract, make up the wages owed to the employees, pay economic compensation and pay compensation fees.
Before this, you need to prepare the following raw materials in advance: (1) An arbitration application in triplicate, which can be downloaded from the official account of WeChat of the local labor arbitration commission/official website; (2) a copy of the ID card; (3) If there is an authorized client, submit a copy of the power of attorney and the ID card of the entrusted agent, indicating the entrusted matters and management authority; A criminal defense lawyer shall submit a letter of confirmation from the law firm appearing in court. (4) To confirm the company's industrial and commercial registration, the evidence must be printed at the industrial and commercial administration bureau at the company's registered address. (5) Copies shall be submitted in detail and bound at one time, indicating the catalogue and identification code of evidence files. If there is audio evidence, the audio content must be printed as a text document, and the CD should be burned in the CD. (6) If the group does not agree, it should be recommended.
(7) If the applicant is a company unit, submit employee identity information, a copy of the Business License of Enterprise as a Legal Person or a copy of the ID card of the legal representative. Before the arbitration commission hears the case, it will hold a hearing on another day. The most important thing for the arbitral tribunal is to speak with evidence. No matter how dirty the enterprise is, it doesn't matter what the other party says. To produce important evidence, it is often necessary to go to the labor arbitration commission for arbitration, because the arbitration commission usually pays more attention to workers. According to statistical analysis, the qualified rate of workers is above 70%, and the evidence is undoubtedly higher, but it must be controlled.