What should I do if I am interviewed and fired?

1, negotiate with the employer. In the process of negotiation, attention should be paid to obtaining the time, reason or reason for the termination of the labor contract by the employer, so as to be prepared for collection and full guarantee when arbitration or litigation is initiated when negotiation fails. 2. Ask the employer relevant questions in writing. 3. Complain to relevant institutions and departments in time.

Generally speaking, employers will not dismiss workers easily after hiring them. However, in practice, many employers recruit employees when they are too busy and dismiss employees in various names in the off-season. What if an employee is dismissed by the unit? Next, let Bian Xiao give you a detailed answer.

First, what should I do if I am dismissed by the unit?

1. If the employer dismisses the employee without reason, the employee may apply for labor arbitration, requiring the employer to pay the unpaid salary, security deposit, compensation for illegal termination, salary, double salary (up to 1 1 month from the second month of employment) and overtime pay. The term of labor arbitration is one year from the date of employee's resignation.

2. In labor disputes, there is evidence to prove that labor relations are the key, such as work permit or work permit (preferably with official seal), salary card transaction records, salary slips, tooling with company name, tax payment certificate printed and sealed by local taxation bureau, temporary residence permit, attendance record, social insurance payment record, dispatch list, colleague testimony (resignation), audio and video recording or other written documents with your name and official seal or boss's signature.

3. When applying for labor arbitration, you need to bring an arbitration application, a copy of your ID card, relevant evidence, the employer's industrial and commercial registration information or a copy of your business license (registration information is not required in Beijing). After the case is filed, the court will hold a hearing and then mediate. If mediation fails, the Arbitration Commission shall issue an award.

Second, how do workers give evidence in dismissal disputes?

Generally speaking, workers should first provide the following evidence:

(A) the existence of labor relations between workers and units

Workers must first prove that there is a labor relationship between workers and units. In the case that the employer has not signed a labor contract with the employee, the employee may use the following evidence to prove the existence of labor relations:

1, social insurance record

Social insurance payment records are strong evidence to prove the existence of labor relations.

2, salary payment records

For example, the bank records of stamped salary slips and salary cards.

3, badge, access card

4. Mortgage income and tax payment certificate

You can ask the company to issue a proof of income on the grounds of buying a house and buying a car loan.

5. Timekeeping card

It's better to have the original, the official seal of the company or something.

6. Commercial contracts, documents and power of attorney signed on behalf of the company; Preferably the original.

(2) The employee was indeed dismissed.

Some employers have simple procedures, such as oral notice, e-mail notice, or posting notice of dismissal, without giving written notice to the workers. In the above situation, as long as the employer denies it and the laborer has no evidence to prove the fact of dismissal, losing the case is almost a foregone conclusion.

How can workers obtain strong evidence to safeguard their own interests when the employer explicitly refuses to issue a written dismissal certificate to them? Based on the author's years of experience, this paper puts forward several methods for reference:

1, recording

In the process of negotiating with the employer to leave the company, make recordings to prove the fact of dismissal and the fact that the employer refused to issue a dismissal certificate. Many cases we have handled have won with this kind of evidence.

2. Handle the handover first, and indicate the fact of being dismissed by the unit on the handover document.

3. Ask the unit to arrange work and continue to work. When forced to refuse, you can find the property or 1 10 to resolve the dispute, so as to leave relevant evidence.

4. Send a reminder to ask the employer to continue to perform the contract, arrange work, pay wages and pay social security.

5. After the employer made the dismissal decision, it immediately took the action of reporting or arbitration to the labor department to prove the company's claim of voluntary resignation.

(III) Wage income

Cases of employee dismissal generally require economic compensation or compensation. Wage income is the basis of their own demand for economic compensation. Laborers should provide evidence to prove their income. General labor contract, salary card, salary slip and salary certificate are all acceptable.

(4) Working years

Another basis for calculating economic compensation or compensation is working years, and workers must first prove their working years. General labor contract, salary card, salary slip and social security payment history can be used.

In the absence of relevant evidence, it is very important for workers to have certain cross-examination knowledge and trial skills to force the other party to produce evidence that is beneficial to them.

For employees, the last thing they want is to be dismissed by the employer. However, if it is really dismissed by the unit without reason, workers should think about how to protect their rights. At this point, the laborer should claim economic compensation from the unit. If the unit refuses, the laborer can resort to legal means such as labor arbitration to safeguard rights according to law. If this happens, you can apply for labor arbitration, but you need to prepare evidence to prove it, otherwise you will lose the case.