As an employee, it is important to understand your legal rights and interests in the event of dismissal by an employer. According to the Labor Contract Law of the People's Republic of China and relevant laws and regulations, the compensation that an employee can claim when he or she is dismissed mainly includes economic compensation, compensation, unpaid wages, etc. This article will provide you with an easy-to-understand explanation of the standards and legal basis for these compensations.
1. Economic compensation.
When the employer terminates the labor contract in violation of the law, or does not renew the contract after the expiration of the contract, the employee has the right to claim economic compensation. According to Article 47 of the Labor Contract Law, the calculation method of severance compensation is to compensate the employee at the rate of one month's salary for each full year of service in the employer. The "monthly salary" here refers to the average salary of the employee in the twelve months prior to the termination or termination of the employment contract. If the employee has worked for less than one year, it will be calculated according to the month of actual work, and if it is less than one month, it will be counted as one month.
2. Indemnity.
In some specific cases, employees may also be able to claim compensation. For example, if the employer terminates the employment contract for illegal reasons, the employee can demand compensation. According to Article 87 of the Labor Contract Law, the amount of compensation shall be twice the employee's annual salary. In this case, the compensation that the employee can receive is usually higher than the financial compensation.
3. Unpaid wages.
If the employer is in arrears of wages at the time of termination of the employment contract, the employee has the right to demand payment of the unpaid wages. In addition, if the employer delays the payment of labor remuneration, the employee can also claim payment of wages for the period of delayed payment.
4. Other Compensation 2024 Travel Guide
In addition to the above compensation, employees may claim other compensation on a case-by-case basis. For example, if the employer violates the employment contract and causes the employee to suffer damages, the employee can claim corresponding damages. In addition, if an employee is injured at work, and the employer fails to pay medical expenses as required, the employee can also claim corresponding compensation.
In short, as an employee, when you are faced with dismissal by the employer, you should be clear about your rights and interests, and claim corresponding compensation in accordance with the law. If you have any doubts about your rights and interests, or if the employer refuses to pay the compensation you deserve, it is recommended to consult a professional lawyer in time to obtain professional legal help and support. Remember, protecting one's legitimate rights and interests is what every worker should do.