Does the property company need compensation for dismissing cleaning?

Property companies that have not signed a contract need compensation for dismissing cleaning. When signing the labor contract, the employer did not write the labor term. According to the provisions of the Labor Contract Law, the term of a labor contract is an essential clause of a labor contract, and the labor dispute arbitration institution or the people's court may deem the contract invalid. Workers can take the initiative to negotiate with the employer to agree on the term of the labor contract.

1. Does an unsigned property company need compensation for dismissing cleaning?

If a worker dismisses the cleaner without signing a labor contract, he shall pay the worker twice the compensation. The relevant employing units shall deal with it according to law and protect the legitimate rights and interests of workers. The local labor department supervises such illegal cases and urges employers to make compensation.

1. If the company dismisses its employees without reason and asks them to pay twice their wages without signing a labor contract, other employees shall pay economic compensation in addition to being dismissed in accordance with Article 39 of the Labor Contract Law.

2. Article 39 of the Labor Contract Law: In any of the following circumstances, the employer may terminate the labor contract:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

(6) Being investigated for criminal responsibility according to law.

Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.

Second, the company dismissed employees compensation calculation method

1. Economic compensation for dissolution through negotiation = working years × monthly salary (calculated by 12 years if it exceeds 12 years);

2. Economic compensation for termination of labor contract due to illness or non-work-related injury = working years × monthly salary and medical subsidy (not less than 6 months' salary, 50% for serious illness, terminal illness100%);

3. Economic compensation for incompetence = working years × monthly salary (if it exceeds 12 years, it will be calculated as 12 years);

4. Economic compensation for objective changes = working years × monthly salary;

5. Economic compensation for economic layoffs = working years × monthly salary;

6 overdue economic compensation = additional economic compensation of the original economic compensation (50% of the original economic compensation).

The economic compensation shall be paid according to the standard of one month's salary for each full year of the employee's working years 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 wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.

If the employing unit dissolves or terminates the 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.

It should be noted that workers and employers should actively sign labor employment contracts and write them according to their actual conditions. The legitimate rights and interests of workers and employers should be actively written in, and once a labor dispute occurs, it should be handled in accordance with the terms of the labor contract. Protect your legitimate rights and interests according to law.