Legal analysis: Laborers should obtain evidence to prove the fact of being dismissed without reason, labor relations and the amount of wages. The calculation standard of compensation is to pay two months' salary for each year of work, and one month's salary for the part less than half a year. The compensation should be calculated according to the average salary earned in the two months before the termination of the labor contract. Suppose you work for 2 years and 4 months, then you should be compensated for 5 months' salary.
legal basis: labor contract law of the people's Republic of China
article 47 the economic compensation shall be paid to the employee according to the number of years he has worked in this unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
if the monthly salary of a worker is three times higher than the average monthly salary of employees in the local area published by the municipal people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the maximum period for paying economic compensation to the worker is not more than 12 years.
the monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
article 87 if an employer dissolves or terminates a labor contract in violation of the provisions of this law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in article 47 of this law.