Is there any compensation for employees being illegally dismissed?

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Dismissal of employees is the legal right of the unit, but such dismissal must comply with the law, otherwise it will become illegal dismissal. And in the case of employees being illegally dismissed, can they claim compensation from the employer? I believe many people don't know much about this. Let Bian Xiao give you a detailed answer.

1. Is there any compensation for illegally dismissing employees?

Regarding whether there is compensation for the illegal dismissal of employees, the employer unilaterally terminates the labor contract and should generally pay economic compensation to employees. The details are as follows:

1. Where the company terminates the labor contract in accordance with the provisions of Article 40 of this Law: that is, the employee is sick or injured non-work-related, and cannot engage in the original work or other work arranged by the employer after the prescribed medical treatment period expires; Laborers are not competent for their jobs, and they are still incompetent after training or adjustment;

Significant changes have taken place in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation; The employer terminates the labor contract after notifying the employee in writing 30 days in advance or paying the employee 1 month.

2. If the company terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law, the employer shall lay off employees according to law.

2. What if an employee is illegally dismissed?

1, and has the right to request the extension of the contract.

It can be seen from the above that as long as the employee has worked continuously for fifteen years and is less than five years away from the statutory retirement age, even if the labor contract has expired, the employee has the right to extend the labor contract until retirement. Therefore, in this case, the unit has no right to terminate the labor relationship with it, and Mr. Shen also has the right to request the unit to renew the contract.

2. Get corresponding compensation for illegal dismissal.

(1) Economic compensation

Refer to Article 47 of the Labor Contract Law: "The economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the economic compensation for half a month's salary will be paid to the workers. " Unilateral dismissal of the company is illegal dismissal, and economic compensation (maximum 12 months) shall be paid according to the standard equivalent to one month's salary for each full year of work.

In addition, Article 87 of the Labor Contract Law also stipulates: "If the employer dissolves or terminates the labor contract in violation of the provisions of this law, it shall pay compensation to the laborer twice the economic compensation standard stipulated in Article 47 of this law."

(2) Payment in lieu of notice

In addition, if the employer notifies the employee in writing 30 days in advance, the employee has the right to claim the economic compensation of 1 month salary from the company.

Dismissal refers to the involuntary termination of the employment relationship between employees and organizations. Dismissal is often organization-led, and termination of employment relationship is caused by employees' personal reasons. State-owned enterprises and collective enterprises in China are also called dismissal.

According to the laws of our country, employees can claim compensation from the unit at this time. How to make compensation is generally calculated according to the actual working years of the employee in the unit. General work 1 year can get one month's salary compensation. If you have any questions, you can call our online lawyer directly.

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