The emotionless Legal Popularization machine is on line again ！ Today we are going to talk about “ Illegal dismissal ” The compensation .
The French cat mentioned in the last issue that “ Whether the last elimination system is in line with the labor law ” after , There are friends in the French cat PUFA group to consult their own situation , because “ Take out ” Actually, he was dismissed illegally , In general, it is based on “ The worker is incompetent ” For dismissal , And carry on “N+1” Financial compensation for .
N It refers to the working years of the laborer in the unit , The standard of paying one month's salary every year to the laborer . More than six months and less than one year , By the year ; Less than six months , An economic compensation of half a month's salary to the laborer .
Like you work 13 Months , It's full 1 year , discontent 1 And a half years , Compensation n=1+0.5=1.5
Like you work 23 Months , It's full 1 And a half years , Less than two years , be n=1+1=2.
But a lot of times , Is the need for employers to prove that workers are not competent for the job . After training or job adjustment , Still not up to the job , To be dismissed like this , For example, after assessment （ The premise is that there are relevant performance appraisal regulations , If the company does not have, it can not prove that the performance is unqualified ）- train - After being fit for the post, it still proves that I am incompetent , Otherwise, it will be illegal dismissal .
In labor disputes , The point that people often tangle with is that the economic compensation for being dismissed by the company is “N+1” still “N”. But except for this , also “ Illegal dismissal ”, This can be claimed “2N” Of compensation .
Look at the law “ Illegal dismissal ” How is it defined ：
《 The labor contract law of the People's Republic of China 》（2012 correct ）
Article 48 The employer rescinds or terminates the labor contract in violation of the provisions of this law , The laborer requests to continue to perform the labor contract , The employer shall continue to perform ; The laborer does not require to continue to perform the labor contract or the labor contract can no longer be performed , The employer shall pay compensation in accordance with the provisions of Article 87 of this law .
Article 87 The employing unit rescinds or terminates the labor contract in violation of the provisions of this law , Compensation shall be paid to the laborer in accordance with the economic compensation standard stipulated in Article 47 of this law .
So in summary , The employees themselves have no problems and mistakes , But the employer rescinds the labor contract . This constitutes illegal dismissal , It should be paid to employees “2N” Compensation for .
Or to “ Take out ” For example , Many companies that implement this system fire their last employees , Economic compensation is all “N+1”, This and the theoretical one “2N” It's different .
Workers can apply for labor arbitration and claim compensation “2N”. If you don't work long , Two or three years “N+1” and “2N” It's not that different , But if it's long working years , such as 18 Years of service , that “2N” Compensation and the company directly to “N+1” There is a big difference in the economic compensation of .
But in reality , The economic compensation that these companies give to workers is also in “N+1” To “2N” The scope of the , Some may be “N+4”、“N+5”, But most of them are just “N+1” There are few more companies than that .
French cat thinks , If you come across this situation , I don't have a long working life , Actually “N+1” and “2N” Not much difference , Applying for labor arbitration is not like preparing for a better company and job . And those who have worked a little longer , It is suggested to apply for labor arbitration , After all, I worked for many years ,“ Not competent for the job ” Dismiss , or “ Take out ” No reason . Dismissal can , According to the law, compensation is OK ！
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