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What compensation should a private enterprise get if it dismisses its employees because of its persistent operation?

Hello, your question is mainly reflected in the following three aspects:

(1) Failure to renew the original labor contract after its expiration constitutes a factual labor relationship, can you ask for double wages?

(2) the issue of economic compensation after contacting with you for the company's own reasons (explanation or closure);

(3) Your social security payment.

1. Paragraph 1 and Paragraph 2 of Article 11 of the Labor Contract Law stipulates: "To establish labor relations, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. " The first paragraph of Article 82 of the Labor Contract Law stipulates: "If the employer fails to conclude a written labor contract with the employee for more than one month and less than one year from the date of employment, it shall pay the employee twice the monthly salary. If the employer violates the provisions of this Law and does not conclude an open-ended labor contract with the employee, it shall pay the employee twice the monthly salary from the date when the open-ended labor contract should be concluded. " In July 2111, you signed a 1-year labor contract, which was not renewed after the expiration. Continuing to work in the company constitutes a factual labor relationship. Article 11 of the Labor Contract Law "A written labor contract shall be concluded within one month from the date of employment" is not clear whether "employment" refers to the first time or every time, and there are also disputes and different understandings in practice. However, in order to protect the rights and interests of workers, after the expiration of the original labor contract, workers still have the right to claim twice their wages when there are employment facts but no written labor contract is signed. So, you can claim to work for both parties who signed the labor contract during the period from July 2111 to September 2112 (double salary can only be calculated for 11 months).

2. The boss decides to close the company, dissolve and dismiss employees. You can claim economic compensation from the company according to Article 46 of the Labor Contract Law. You worked in the company for 2 years and 4 months from May 2111 to September 2112, so according to Article 47 of the Labor Contract Law, you can claim 2.5 months of economic compensation. The calculation standard of economic compensation is based on your average salary in recent 12 months.

it is illegal for the three companies to stop paying social security for you two months in advance. You can ask the company to pay it back, but the operation will be very troublesome; You can also accept cash compensation from the company. However, if you consider receiving unemployment insurance benefits, it is recommended to strive for the company to continue to pay back.

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