I worked as a temporary worker in the company 13 years. What should I do if the company dismisses me?

Worked as a temporary worker in the company 13 years, what should I do if the company dismisses? Whether the employer cancels (terminates or cancels the labor contract) the compensation for the workers can be divided into three situations:

1. No economic compensation or compensation shall be paid to the workers whose labor contracts are dissolved due to the circumstances specified in Article 39 of the Labor Contract Law.

Two, the employer in accordance with the provisions of the termination of the labor contract, in accordance with the provisions of Article 46 of the Labor Contract Law, the employer shall pay economic compensation to the workers.

Three, the employer in violation of the provisions of the termination of the labor contract, it shall pay compensation to the workers in accordance with the economic compensation standard of two times.

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 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

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 a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve 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.

After working in the company for 12 years, what should I do if the company dismisses, and what is the compensation standard for dismissing temporary workers in the labor law?

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 a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve 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.

I am a temporary worker, working in the company 12 years. Is it reasonable for the company to dismiss me? If the employee's behavior violates the provisions of Article 39 of the Labor Contract Law, and the employer has evidence to prove it, the employer may dismiss the employee without paying any economic compensation or compensation; Otherwise, the employer's behavior is illegal dismissal. If an employer dismisses a worker without reason, it shall pay compensation to the worker, and pay two months' salary every full year as compensation.

People's Republic of China (PRC) 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 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

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.

I worked as a temporary worker in a public institution for ten years without signing a contract. The company wants to fire me. What should I do? In fact, if the company doesn't sign the contract, you can only admit that you are unlucky, and there is nothing you can do!

I have been working in the company for 10 years. What to do if the company dismisses me depends on whether I have lost your service for ten years.

What should temporary workers do if they surrender after paying five insurances in the company? If he comes into contact with his unit in that month, the unit will go through the formalities of reducing staff and stopping insurance in time.

Among them, the years of pension and medical insurance can be accumulated. If it is interrupted, you can pay enough years. Individuals who leave their jobs can buy two insurances (pension and medical care) if they continue to pay fees. If you are a non-local hukou, you can issue a certificate of insurance payment in the social security center of the original unit and bring it back to the social security agency in your hometown. You have joined a new unit in your hometown, so just leave it to the unit. Unemployment, work injury and maternity insurance generally do not need to be transferred, just go directly to the new unit.

According to the provisions of the Labor Law, the employing unit shall issue a certificate of dissolution or termination of the labor contract at the same time, and handle the transfer formalities of the file and social insurance relationship for the employee within 15 days.

Have worked as a temporary worker in the company for eight years, does the company have the right to dismiss? The employing unit has the right to dismiss workers who have worked as temporary workers in this unit for 8 years. However, if the employer terminates the labor relationship (dismissal, dismissal, dismissal), whether compensation or compensation should be made can be roughly divided into the following four situations:

1. If the employer fails to terminate the labor relationship with the employee, fails to pay economic compensation or fails to perform legal procedures, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination circumstances specified in Article 87 of the Labor Contract Law, and compensation shall be given. The standard is to pay my salary for 2 months every year of work, commonly known as 2n;

2. If the employing unit terminates the labor relationship with the employee according to the circumstances stipulated in Article 19 of the Regulations for the Implementation of the Labor Contract Law, which is in line with the provisions of Article 46 of the Labor Contract Law, it shall pay the employee economic compensation, that is, one month's salary for each year of work, n;

3. If the employee complies with Article 40 of the Labor Contract Law and fails to notify the employee in writing 1 month in advance, he shall pay 1 month's salary as the payment in lieu of notice, totaling n+1;

4. The employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and if the employer proposes to terminate the labor relationship, it is not necessary to pay any economic compensation or notify the employee in advance; However, this requires the employer to provide evidence and notify the employee in writing to terminate the labor relationship.

Article 39 of the Labor Contract Law 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 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

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 a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve 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.

Article 19 of the Regulations for the Implementation of the Labor Contract Law is under any of the following circumstances. In accordance with the conditions and procedures stipulated in the Labor Contract Law, the employer may terminate the labor contract with the employee with a fixed term, without a fixed term or with the completion of a certain task as the term:

(a) the employer and the employee reached an agreement through consultation;

(2) The employee is proved not to meet the employment conditions during the probation period;

(3) The laborer seriously violates the rules and regulations of the employing unit;

(4) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit;

(5) 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;

(6) The laborer enters into or changes a labor contract against his true intention by means of fraud or coercion or taking advantage of the danger of others;

(seven) the laborer is investigated for criminal responsibility according to law;

(8) The employee is sick or injured non-work-related, and cannot engage in the original job after the prescribed medical treatment period expires, nor can he engage in other jobs arranged by the employer;

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

(10) 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;

(eleven) the employer is reorganized in accordance with the provisions of the enterprise bankruptcy law;

(twelve) the employer has serious difficulties in production and operation;

(thirteen) the enterprise production changes, major technological innovation or adjustment of operation mode, and it is still necessary to reduce the number of employees after changing the labor contract;

(14) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, which made it impossible to perform the labor contract.

Is there any compensation for temporary workers being dismissed after working in the unit for 3 years? hello

First of all, it depends on whether the contract you signed is with the company or with a third-party dispatching agency.

If it is signed with the company, whether it is formally compiled or not, it will be compensated according to the labor law.

If you sign with a third-party outsourcing company, the outsourcing company will handle your subsequent dismissal, and the company will not compensate you.

Temporary workers who worked in the company for 10 years were dismissed. How should the company's compensation be written? If the employer terminates the labor relationship with the laborer in violation of the law, it may require the employer to pay compensation of 20 months' salary;

If you don't pay social security, you can also ask to pay social security.

Article 48 of the Labor Contract Law: If the employer dissolves or terminates the labor contract in violation of the provisions of this law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

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.

I signed a long-term contract and worked in the company for 10 years. What should I do if the company is going to fire me now? 65,438+0. If the company terminates the labor contract illegally, the employee may claim compensation;

2. If the reason for the termination of the labor contract by the unit conforms to the circumstances stipulated in Article 39 of the Labor Contract Law, no economic compensation or compensation is required;

3. If the reason for the termination of the labor contract is in line with the circumstances stipulated in the first paragraph of Article 40 and Article 41 of the Labor Contract Law, the unit shall pay economic compensation.

4. If the relevant compensation matters cannot be agreed with the unit, you can apply for labor arbitration within one year after being dismissed;

5. Legal basis:

1) labor contract law (revised on 20 12) article 39 if the employer unilaterally terminates (negligently terminates) the employee's labor contract, the employer may terminate the labor contract:

(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.

2) Article 40 of the Labor Contract Law (revised 20 12) is dismissed without fault, and 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.

3) Article 41 of the Labor Contract Law (revised 20 12) needs to reduce more than 20 employees or less, but it accounts for more than 10% of the total number of employees in the enterprise. The employer 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, report to the labor administrative department, it may reduce 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.

When reducing personnel, priority should be given to retaining the following personnel:

(1) Concluding a long-term fixed-term labor contract with the unit;

(2) Concluding an open-ended labor contract with the unit;

(3) there are no other employees in the family, and there are elderly people or minors who need to support them.

If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.

4) Article 46 of the Labor Contract Law (revised 20 12) is under any of the following circumstances, the employer shall pay economic compensation to the employee:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

5) Article 87 of the Labor Contract Law (revised 20 12) Violates the Legal Liability for Dissolving or Terminating the Labor Contract. 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.

6) Article 47 Calculation of Economic Compensation in the Labor Contract Law (revised on 20 12) The economic compensation shall be paid according to the standard that the laborer pays one month's salary for each full year of working in this 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 a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve 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.