Terminating an employee is a problem that every employer may face, but without a month's notice to the employee, it can cause some unnecessary troubles. This article will take steps to take when a dismissed employee is dismissed without one month's notice.
First of all, the Labor Contract Law stipulates that an employer may terminate an employment contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary when terminating the employment contract.
If the termination of an employment contract without prior notice to the employee is a violation of the law, such termination is an "illegal termination". In this case, the employee can protect his rights and interests through labor dispute arbitration or litigation, and the employee can obtain compensation for illegally terminating the labor contract.
In order to avoid this situation, employers should be aware of the relevant laws and regulations in advance when dismissing employees and follow the prescribed procedures. If an employer does not notify an employee of the dismissal in advance, the following actions can be taken:
First, one month's salary is paid back as compensation.
According to the Labor Contract Law, an employer shall pay severance when terminating an employment contract. Therefore, if the employer does not notify the employee of the dismissal in advance, it can pay the employee one month's salary as financial compensation.
Second, the employer and the employee shall settle the matter through negotiation.
If there are some conflicts or misunderstandings between the employer and the employee, they can be resolved through negotiation. If both parties can reach an agreement, a written agreement can be signed and the relevant fees can be settled.
If an employer dismisses an employee without giving the employee one month's notice, it may cause some unnecessary trouble. Therefore, when dismissing an employee, you should understand the relevant laws and regulations in advance and follow the prescribed procedures.