Joke Collection Website - Public benefit messages - What should I do if the company dismisses me for no reason?
What should I do if the company dismisses me for no reason?
Here are some suggestions to deal with this kind of problem.
First of all, employees should keep all evidence related to dismissal, including but not limited to dismissal notice, payroll, labor contract, email or SMS notice, etc. These evidences will help employees prove their rights and interests in the process of subsequent rights protection.
Secondly, employees need to understand the relevant provisions of the labor law in order to be justified in the process of safeguarding rights. According to the relevant provisions of People's Republic of China (PRC) Labor Law, employers should follow legal procedures when dismissing employees, and the reasons for dismissal must be legal. If the company dismisses the employee without reason, the employee can bring a lawsuit to the labor arbitration institution or the court.
Next, employees can negotiate with the company and try to resolve the dispute. If negotiation fails, the employee may apply to the local labor arbitration committee for arbitration. When employees apply for arbitration, they need to submit relevant evidence and materials and attend the hearing according to the requirements of the Arbitration Commission. If the arbitration result still fails to meet the demands of employees, employees can also bring a lawsuit to the court.
In the whole process of safeguarding rights, employees can seek the help of legal professionals, such as lawyers or legal aid agencies. They can provide professional legal advice and guidance to employees and help them better safeguard their rights and interests.
To sum up:
In the face of unreasonable dismissal of the company, employees should keep relevant evidence, understand the provisions of the labor law, negotiate with the company to resolve disputes, and apply to the labor arbitration Committee or the court for arbitration or bring a lawsuit if necessary. In the whole process, seeking the help of legal professionals will help employees better safeguard their rights and interests.
Legal basis:
Labor law of the people's Republic of China
Article 35 provides that:
The employer and the employee may terminate the labor contract through consultation.
Article 39 provides that:
In any of the following circumstances, 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.
Article 40 provides that:
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.
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