1. Understand the reasons for dismissal and the legitimacy of the company.
First of all, the dismissed employee should understand the reason for the company's dismissal, whether it is due to his poor work performance, violation of company regulations, or poor management of the company. At the same time, employees need to confirm whether the company's dismissal is legal and whether it complies with the relevant provisions of the labor law. If there is a violation of the law in the company, the employee can follow ***
2. Negotiate with the company to solve.
After understanding the specific situation, the dismissed employee can negotiate with the company to settle the matter. Employees can make their own claims, such as asking the company to pay severance and provide reasonable termination compensation. During the negotiation process, employees need to remain calm, communicate rationally with the company, and fight for their rights as much as possible.
3. Seek legal assistance.
If negotiations with the company fail, the dismissed employee can seek legal assistance. Employees can consult with a lawyer to understand their rights and ways to enforce their rights, and decide whether to sue the company. If the decision is made to sue, the employee needs to prepare relevant evidence, such as work contracts, pay stubs, attendance records, etc., to prove their rights.
Fourth, seek help from trade unions.
In addition, employees who have been laid off can seek help from their local union. The trade union can provide legal advice, grievances and other services to provide support and assistance for employees to protect their rights and interests. Employees can report the situation to the trade union and seek support and assistance from the trade union.
5. Labor dispute mediation.
If there is a labor dispute between the dismissed employee and the company, the employee can file a complaint with the employee.
The local labor dispute mediation committee applies for mediation. The mediation committee will conduct mediation based on the views of both parties and facilitate the parties to reach a settlement agreement to resolve the dispute. If mediation fails, the employee may take other measures to protect their rights.
6. Labor arbitration.
If the dismissed employee and the company are unable to resolve the dispute through negotiation, the employee may apply to the labor arbitration commission for arbitration. The arbitration committee will hear the dispute and make a decision. If the company violates the provisions of the labor law, the arbitration commission may order the company to pay severance compensation, compensation, etc.
7. Filing a lawsuit.
If the dismissed employee is dissatisfied with the arbitration result, or if the company refuses to comply with the arbitration award, the employee may file a lawsuit with the people's court. The dispute will be heard by the court and a judgment will be rendered. If the judgment finds that the company has violated the law, the court may order the company to pay compensation, restore the employment relationship, etc.
In the process of rights protection, the dismissed employee needs to keep relevant evidence, such as work contracts, pay stubs, attendance records, etc. At the same time, employees need to understand the relevant laws and regulations in order to better protect their rights and interests. In addition, employees need to understand the avenues and procedures for defending their rights so that they can take better action.