How can I compensate for not signing a contract if I don't give 30 days' notice of dismissal in advance

1、 How can I compensate for not signing a contract if I don't give 30 days' notice of dismissal in advance

If your company does not have a relationship with current employees Sign labor contract And decided to dismiss them. At this time, the employee should be paid twice as much as the original salary after one natural month from the date of employment wages And gradually add up to a maximum of eleven calendar months.

In addition, in case of compliance with payment Economic compensation In case of conditions, your company shall compensate the dismissed employees according to the following standards, as follows:

First, employees will receive one month's full salary as economic compensation after serving in your company for a whole year.

Second, employees who have served in the company for more than half a year but less than one year will be deemed to have served for one year; On the contrary, if the employee has only worked in the company for less than half a year, your company should pay the average daily wage of half a month to the employee as economic compensation.

《 Labor Contract Law 》Article 82

The employer has not signed a written agreement with the worker for more than one month but less than one year since the date of employment Labor contract The employee shall be paid twice the monthly salary.

The employer violates the contract statute Definitely not concluded with workers Non fixed term labor contract The employee shall be paid twice the salary every month from the date when an open-ended labor contract should be concluded.

2、 Didn't leave 30 days in advance Liquidated damages How to calculate

We need to make detailed calculations based on the actual situation. In the event that the employer is damaged due to the failure to give 30 days' notice to the employer after leaving the post according to the law and regulations, the party concerned shall bear the corresponding liability for compensation. However, the specific damages The amount still needs to be determined according to the actual situation.

Article 90 of the Labor Contract Law of the People's Republic of China

Workers violate the provisions of this law Termination of labor contract , or violate the confidentiality obligations agreed in the labor contract, or Non competition restrictions If losses are caused to the employing unit, it shall be liable for compensation.

In our daily life, law is an invisible constraint, which not only protects our rights and interests, but also regulates our behavior. Whether at work or in life, we need to fully understand and understand the law in order to better protect our rights and interests. Although the law may seem complex and profound, as long as we are willing to spend time to study and understand it, we can master its basic principles and applications. As the title of this article raises the question, "How to compensate for the failure to sign a contract without 30 days' notice of dismissal". Each article is an opportunity to learn and understand the law. We should seize these opportunities to constantly improve our legal literacy in order to better adapt to social development and change.