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Is there any compensation for the dismissal of the security guard?
According to the working hours of the employer, the employee shall be compensated, and the employer shall terminate the labor contract to compensate the employee. The specific remuneration needs to be calculated according to the working hours of the laborer in the employer. The national regulation is to pay one month's salary every full year. If the unit terminates the contract without justifiable reasons, it needs to make additional compensation to the relevant workers.
1. If the employee is dismissed by the employer without reason, the employee may ask the employer to give economic compensation or ask the employer to continue to perform the labor contract.
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 materials 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. Any unit shall not dismiss employees without reason after hiring them. However, if employees are seriously dereliction of duty and engage in malpractices for selfish ends, the unit can not only dismiss employees, but also require employees to bear the liability for compensation for economic losses caused by their serious dereliction of duty.
legal ground
People's Republic of China (PRC) 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 with 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.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(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.
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