Make up reasons to dismiss a staff member refused to pay economic compensation-method not allowed!

Chongqing lawyer for example this up labor dispute case in the, employing units first to employees no completed company provides of performance for by dismissed employees, but company provides of performance monthly are in increments, employees fundamental completed can't, and employees also no signed confirmed, is company unilateral of decided, purpose is wants to not paid any costs on reached dismissed employees of purpose; in employees filed labor arbitration application yihou, and to absenteeism for by made a fired decided. Over the employer's reasons were unfounded, it is necessarily to liable.
    labor dispute in Chongqing lawyer said, the so-called economic compensation: refers to when the employer terminates the labor contract, the one-time financial compensation paid to workers.
    Chongqing work injury lawyer said, according to the relevant laws and regulations, in the following situations the employer shall pay to the employee compensation:
    1, workers in accordance with labor contracts 38th article of this law;
    2, Employer in accordance with article 36th to the employee proposes to terminate the labor contract and negotiate a labor contract with workers;
    3, the employer discharges the labor contract pursuant to this law 40th article;
    4, 41st article according to this law of the employer discharges the labor contract;
    5 , In addition to the employer to maintain or improve the conditions stipulated in the labor contract renewal of labor contracts, workers agree to renew in the case, according to the 44th article of this Act terminates the unfixed-term labor contract;
    6, pursuant to section 44th fourth, fifth provision terminating labor contracts; labor disputes
    Chongqing lawyer said, Economic compensation shall be the number of years of work, one month's salary for each full year of pay to workers. For more than six months but less than one year, calculated per year; less than six months, half a month's salary to the workers compensation. Workers ' monthly salary higher than that of the employer municipality into districts, the Municipal Government published last year in the region of the workers ' monthly salaries three times, to pay economic compensation standard of workers ' monthly wage paid three times the amount, economic compensation to the number of years not exceeding 12 years. Chongqing work injury lawyers speaking, refers to the alleged monthly wage here in the labor contract rescission or termination of average wages in the first 12 months.



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