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How to calculate the compensation for the temporary workers who work continuously 16 who are dismissed?
The termination of the labor relationship between the employer and you can be divided into the following three situations. If you should pay economic compensation or compensation but fail to pay it to you, you may apply for labor arbitration. Please contact me for detailed consultation: \ x0d \ x0d \ 1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you will not "work". It can be concluded that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and it should pay you compensation, that is, pay you two months' salary for every year of work; \x0d\\x0d\2。 If the employing unit terminates the labor relationship with you according to Article 19 of the Regulations for the Implementation of the Labor Contract Law, and it is in line with Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work; In line with Article 40 of the Labor Contract Law, you can also ask for payment in lieu of notice without notifying you 1 month in advance; \x0d\\x0d\3。 Under the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance to terminate the labor contract with you. \x0d\x0d\ Legal basis: \ x0d \ Labor Contract Law: \ x0d \ Article 39 Under any of the following circumstances, the employer may terminate the labor contract: \ x0d \ (1) The employee is proved to be unqualified for employment during the probation period; \x0d\ (2) Serious violation of the rules and regulations of the employing unit; \x0d\ (3) Serious dereliction of duty, graft, causing great damage to the employing unit; \x0d\ (4) The laborer has established labor relations with other employers at the same time, which has seriously affected the completion of the work tasks of the unit, or the employer refuses to correct it; \x0d\ (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; \x0d\ (6) Being investigated for criminal responsibility according to law. \x0d\x0d\ Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: \ x0d \ (1) The employee terminates the labor contract in accordance with Article 38 of this Law; \x0d\ (2) The employer proposes to terminate the labor contract with the employee in accordance with the provisions of Article 36 of this Law, and has reached an agreement with the employee to terminate the labor contract; \x0d\ (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; \x0d\ (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; \x0d\ (5) The fixed-term labor contract is dissolved in accordance with the provisions of the first paragraph of Article 44 of this Law, but the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract, unless the employee does not agree to renew it; \x0d\ (6) The labor contract is dissolved according to the provisions of Item 4 and Item 5 of Article 44 of this Law; \ x0d \ x0d \ 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. \ x0d \ x0d \ Omit Article 19 of the Regulations for the Implementation of the Labor Contract Law and Articles 40 and 47 of the Labor Contract Law. There are relevant laws and regulations in the field of labor law in my Baidu space and QQ log.
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