Current location - Recipe Complete Network - Catering training - Can the labor law use 5 1 to dismiss employees?
Can the labor law use 5 1 to dismiss employees?
Your calculation method is wrong. The standard is the average salary in recent1February, and the maximum is 3 times the local average salary. The calculation standard is not segmented.

If the unit has no reason to dismiss you, you can claim compensation. The following is for reference:

The termination of the labor relationship between the employer and you (or dismissal or dismissal) can be divided into the following three situations. Decide what kind of situation you belong to, but you should pay economic compensation or compensation, and you can apply for labor arbitration within 1 year to safeguard your legitimate rights and interests:

1. If the employer terminates the labor relationship with you or pays any economic compensation without reason, you are not at fault, and there is no situation stipulated in Article 39 of the Labor Contract Law. You can conclude that the employer's behavior belongs to the illegal termination of the labor contract stipulated in Article 87 of the Labor Contract Law, and should pay you compensation, that is, pay you 2 months' salary for each year of work, 2n;

2. If the employer terminates the labor relationship with you according to the provisions of Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it meets the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work, n; According to Article 40 of the Labor Contract Law, you should also pay 1 month's salary as payment in lieu of notice, n+1, without notifying you in advance;

3. You have the circumstances stipulated in Article 39 of the Labor Contract Law. If the employer terminates the labor relationship with you, you don't need to pay any economic compensation and you don't need to inform you in advance; But this requires the employer to provide evidence and notify you in writing to terminate the labor relationship.

Relevant legal basis:

Labor Contract Law: Articles 39, 40, 46, 47 and 87.

Article 19 of the Regulations for the Implementation of the Labor Contract Law

Labor Contract Law

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. 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 workers is three times higher than the average monthly salary of local workers announced by the 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 workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 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.