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When employees in the probation period are dissolved in the enterprise, regardless of the length of work, they are entitled to economic compensation. Compensation standard: half a month's salary will be compensated for those less than six months; Six months to one year will be regarded as one full year, and half a month's salary will be compensated; If it is more than six months but less than one year, it shall be calculated as a whole year. The compensation amount is based on the actual number of years of work. If the monthly salary exceeds the upper limit of three times the average monthly salary of local employees, the compensation amount will increase. The compensation period shall not exceed 12 years, and the monthly salary shall be subject to the average income of the twelve months before the termination or termination. Common reasons for the dissolution of an enterprise include the provisions of the articles of association, the resolution of shareholders, or the merger and split of the company.
#Labor disputes
1423 readings
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When the labor dispatch contract is terminated, the reason for termination and the effective time must be notified in writing. Labor dispatch involves three parties: workers, dispatch companies and employers. Public institutions in China often solve human demand through labor dispatch. The dispatched employee is an informal employee, but enjoys similar benefits. In terms of the protection of workers' rights and interests, contracts often lack clear dismissal provisions, which may lead to difficulties in dismissal claims without reason; A person who voluntarily resigns usually does not need compensation if he/she complies with the advance notice procedure and there is no special agreement in the contract. It is recommended to refer to the contract terms and communicate with the labor dispatching agency when dealing with such problems.
#Labor disputes
1032 readings
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In the labor dispute, the laborer can appeal to the court for the objection to the arbitration prescription that refuses to be handled within one year after the termination of the labor relationship. The time limit for applying for arbitration is one year from the date when the rights and interests are known to be damaged. The court usually does not protect the rights and interests after the expiration of the time limit, but the maximum time limit can be up to 20 years. Under special circumstances, the court can apply for extension. The limitation of action shall be calculated when the rights and interests are damaged, unless otherwise specified. The protection of creditor's rights ensures that there is no surplus in the total amount.
#Labor disputes
1488 readings
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The employment relationship between retirees and employers is different from ordinary labor relations, which is mainly restricted by employment agreements. If there are explicit provisions on early termination, the agreement shall prevail; If there is no clear agreement, it shall be settled through negotiation. The labor contract will automatically terminate in the following circumstances: the contract expires, the worker begins to receive pension insurance, the worker dies or disappears, the unit goes bankrupt, the business license is revoked or dissolved, and other legal circumstances. This clarifies the rights and obligations of both parties and the conditions for termination of the contract.
#Labor disputes
983 readings