The company leader sent a text message saying that he was eliminated and no longer had to go to work. Can he directly arbitrate for compensation?

Yes. It is recommended to apply for arbitration to the local labor arbitration institution to safeguard your legitimate rights and interests: 1. Calculate wages and benefits during the working period and pay social insurance premiums; 2. Request the company to pay economic compensation; 3. Request the company to explain the reasons for termination and go through the termination procedures. .

Attachment: Relevant provisions of the relevant regulations of the Labor Contract Law:

Relevant provisions of the "Labor Law Implementation Rules":

23. Employers recruit workers A written labor contract must be concluded within one month from the date of employment. If a written labor contract is concluded from the 2nd to the 12th month, the employer shall pay the employee twice the monthly salary. Starting from the twelfth month, an indefinite-term labor contract is deemed to have been concluded with the employee, and double wages will no longer be paid. If the labor contract is not renewed after expiration and the employee continues to provide labor for the employer, the above provisions shall apply.

24. If the employer and the employee fail to sign a written labor contract within one month due to reasons on the part of the employee, the employer may propose to terminate the labor relationship without paying financial compensation; If the employer and the employee fail to sign a written labor contract within one month for any reason, the employee may propose to terminate the labor relationship, and the employer shall pay economic compensation.

If the two parties have not concluded a written labor contract after more than one month of employment, the employer cannot terminate the labor relationship at will even if it pays twice the salary per employee. The employer shall comply with Articles 39 and 40. Article 41 and Article 44 shall be followed. If the employer illegally terminates or terminates the labor relationship, it must comply with the provisions of Articles 48 and 87 of the Labor Contract Law. Workers can notify the employer to terminate the labor relationship at any time, and the employer does not need to pay financial compensation.

If the employer fails to enter into a written labor contract at the same time as the employee is employed, when a supplementary labor contract is signed, the labor contract period shall be calculated from the date of employment.

64. If the employee’s salary is less than three times the average monthly salary of employees in the region in the previous year announced by the municipality or districted high-level people’s government where the employer is located, the number of years of service for calculating economic compensation shall not exceed ten years. Two-year limit.

"Related Articles of Social Security:

Article 58 The employer shall apply to the social insurance agency for social insurance registration for its employees within thirty days from the date of employment. . If a person has not registered for social insurance, the social insurance agency shall determine the social insurance premiums he or she should pay.

Individual industrial and commercial households without employees, part-time employees who have not participated in social insurance in the employer and other flexible employment personnel who voluntarily participate in social insurance should apply to the social insurance agency for social insurance registration. .

The state establishes a nationally unified personal social security number. An individual's social security number is a citizen's identity number.

Relevant provisions of the "Labor Contract Law":

Article 47 Economic compensation shall be paid to the employee based on the number of years he has worked in the unit, and one month's salary for each full year. Workers pay. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 49: The state takes measures to establish and improve the cross-regional transfer and continuation system of workers’ social insurance relations.

Article 50 The employer shall issue a certificate of rescission or termination of the labor contract when rescinding or terminating the labor contract, and handle the file and social insurance relationship transfer procedures for the employee within 15 days.

Workers should handle work handover in accordance with the agreement between the parties.

If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of this Law, it shall pay it when the work handover is completed.

The employer shall keep the text of the labor contract that has been terminated or terminated for at least two years for future reference.

Article 85 If an employer has any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; if the labor remuneration is lower than the local minimum wage standard, it shall pay other The difference; if payment is not made within the time limit, the employer shall be ordered to pay additional compensation to the employee at a standard of not less than 50% but not more than 100% of the amount payable:

(1) Failure to pay labor remuneration in full and on time as stipulated in the labor contract or national regulations;

(2) Paying labor wages below the local minimum wage standard;

(3) Arranging overtime work without paying overtime pay;

(4) Removing or terminating the labor contract and failing to pay economic compensation to workers in accordance with this law.

Article 87 If an employer violates the provisions of this Law by rescinding or terminating a labor contract, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.