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How much is the compensation for dismissal after three months of employment

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How much is the compensation for dismissal after three months of employment


        

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  • 2024-06-13 09:01:33

    Understand three situations of the employer's termination of the employment relationship (dismissal):
    (1) If the employer terminates the labor relationship without any reason and without paying any economic compensation, and you do not have the situation specified in Article 39 of the Labor Contract Law, it can be determined that the behavior of the employer belongs to the illegal termination of the labor contract specified in Article 87 of the Labor Contract Law, and you should pay compensation, That is, you will be paid 3 months' salary for each year of work;
    (2) If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations on the Implementation of the Labor Contract Law, and if it complies with Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary for each year of work.
    (3) In the case of Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance to terminate the labor contract with you.
    1、 How long in advance should the company inform employees of dismissal?
    The company shall notify the employee 30 days in advance to dismiss the employee. If the company cancels the labor contract according to Article 40 of the Labor Contract Law, it shall notify the employee one month in advance, or it shall pay the employee one month's salary in lieu of notice. If the labor contract is terminated by other means, the provisions of the Labor Contract Law shall apply. If compensation is required to be paid or the compensation should be paid to the worker, it is not necessary to notify the worker one month in advance.
    I hope the above information can help you. If you have other related questions, you can consult a professional lawyer.
    In Article 39 of the Labor Contract Law, the employer may terminate the labor contract if a worker has any of the following circumstances:
    (1) It is proved that the employee does not meet the employment conditions during the probation period;
    (2) Seriously violating the rules and regulations of the employing unit;
    (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;
    (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer;
    (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
    (6) Being investigated for criminal responsibility according to law.
    Article 46 Under any of the following circumstances, the Employer shall pay economic compensation to the worker:
    (1) The laborer terminates the labor contract in accordance with Article 38 of this Law;
    (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law and reaches consensus with the laborer to terminate the labor contract;
    (3) The employer terminates the labor contract in accordance with Article 40 of this Law;
    (4) The employing unit terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
    (5) The fixed term labor contract is terminated in accordance with Item 1 of Article 44 of this Law, except that the employer maintains or improves the conditions agreed in the labor contract to renew the labor contract, and the employee does not agree to the renewal;
    (6) The labor contract is terminated in accordance with the provisions of Items 4 and 5 of Article 44 of this Law;
    (7) Other circumstances stipulated by laws and administrative regulations.

    Yes***

    2024-06-13 09:01:33

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