Job Recruitment Website - Property management - Working for five years, the property is forced to leave for five months. Can I still seek compensation from the property company for employee insurance that I haven't bought for five years?
Working for five years, the property is forced to leave for five months. Can I still seek compensation from the property company for employee insurance that I haven't bought for five years?
Dismissed employees, that's it
Dismantling employees is a heavy topic for both enterprises and employees. However, firing employees is a reality that most enterprises have to face. Excellent talents are one of the key factors for enterprises to remain invincible in the market competition. Employees who fail to meet the requirements are bound to be eliminated. At the same time, the ups and downs of the economy have also attracted waves of layoffs. Layoffs and layoffs are the most difficult tasks that human resource managers have to deal with. Improper handling when dismissing employees can easily lead to labor disputes and even bring them to court, which has a far-reaching impact on the normal operation of the company.
The common problems in dismissing employees are basically incorrect or even illegal dismissals. The managers of many companies contacted by the author often have some wrong views, such as employees can be dismissed at will during the probation period; Employees who violate discipline can be dismissed; As long as the company gives financial compensation and gives a month's notice in advance, employees can be dismissed. ...
These views are very dangerous. A large number of cases in practice prove that enterprises holding these views are often enterprises with constant labor disputes and repeated losses. The dismissal of employees by employers is essentially one of the reasons for the termination of labor contracts. The dissolution of a labor contract refers to the legal act that one or both parties to the labor contract terminate the labor relationship in advance for some reason after the labor contract is concluded and before it is fully performed. Because of the great significance of the termination of the labor contract, the labor law has made strict provisions on its conditions and procedures. Employers must abide by strict legal conditions and procedures when dismissing employees, and can resign without rhetoric. There are many cases of improper dismissal, the most serious of which is illegal dismissal. Illegal dismissal is mainly manifested in three categories:
1. The factual basis for dismissing employees is insufficient;
2. The legal basis for dismissing employees is inaccurate;
3. The operating procedure of dismissing employees is illegal.
The above three kinds of illegal dismissal will often bring huge legal risks to the company's operation and management. According to the provisions of the current labor law, the dissolution of the labor contract can be divided into the following three situations:
(1) Both parties agree to terminate the labor contract. According to Article 24 of the Labor Law, the parties to a labor contract may terminate the labor contract through consultation. In this case, the labor contract can be dissolved without asking the reason, as long as both parties reach an agreement through consultation.
(2) There are three ways for an employer to unilaterally terminate a labor contract:
1. The employer may terminate the labor contract at any time. According to the provisions of Article 25 of the Labor Law, the employer may terminate the labor contract at any time under any of the following circumstances:
A. It is proved that it does not meet the employment conditions during the probation period;
B, serious violation of labor discipline or the rules and regulations of the employer;
C, serious dereliction of duty, corruption, causing great damage to the interests of the employer;
D, being investigated for criminal responsibility according to law;
E. being reeducated through labor.
2. The employer needs to notify the employee in writing 30 days in advance to terminate the labor contract. According to the provisions of Article 26 of the Labor Law, in any of the following circumstances, the employer may terminate the labor contract by notifying the employee in writing 30 days in advance:
A, the laborer is sick or injured at work, and after the medical treatment expires, he can't engage in the original work or other work arranged by the employer;
B, the laborer is not competent for the job, and is still not competent for the job after training or job adjustment;
C. The objective conditions on which the labor contract was concluded have changed greatly, so that the original labor contract can't be fulfilled, and the parties can't reach an agreement on changing the labor contract through consultation. If the employer terminates the labor contract according to the above situation, it needs to pay economic compensation to the employee.
3. Economic layoffs. According to the provisions of Article 27 of the Labor Law, under any of the following circumstances, the employer may explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or employees, and report to the labor administrative department to reduce the number of employees:
1. The employing unit is on the verge of bankruptcy during the statutory rectification period;
B. There are serious difficulties in production and operation. If the employer terminates the labor contract according to the above situation, it needs to pay economic compensation to the employee.
(3) The laborer unilaterally terminates the labor contract. In this case, it is also divided into two types:
1. Employees can terminate the labor contract at any time. According to the provisions of Article 32 of the Labor Law, the employer may terminate the labor contract at any time under any of the following circumstances:
A. during the probation period;
B the employer forces labor by means of violence, threat or illegal restriction of personal freedom;
The employing unit fails to pay labor remuneration or provide working conditions as agreed in the labor contract.
2. If there is no legal reason, the employee needs to notify the employer in writing 30 days in advance to terminate the labor contract.
In addition to the above circumstances, the employer shall not terminate the labor contract with the employee at will. The employer's dismissal of employees is mainly based on the above first and second provisions. Judging from the actual case, it is generally not a big problem for both parties to terminate the labor contract through consultation. The problem of dismissing employees mainly occurs in the second category mentioned above, that is, the employer unilaterally terminates the labor contract. I hope I can help you.
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