First, workers can ask for economic compensation or economic compensation when they are dismissed;
If the labor contract is dissolved or terminated through no fault of the laborer,
The employing unit shall pay economic compensation to the workers.
(For details of economic compensation, see Article 46 of the Labor Contract Law).
The payment standard of economic compensation is: the laborer has worked in the unit for one year and paid one month's salary; Pay half a month's salary for less than half a year; If it is more than half a year but less than one year, it will be paid according to the standard of one month's salary.
If the employing unit illegally terminates the labor relationship without justifiable reasons,
The employing unit shall pay the laborer twice the economic compensation (commonly known as "economic compensation"). Due to the limited space, you can look at Mr. Guo's other articles about the calculation standard and application of economic compensation, so I won't repeat them here.
Second, workers who work overtime can claim overtime pay;
According to Article 44 of the Labor Law, workers who work overtime on working days can claim standard overtime pay 150%. Workers who work overtime on rest days and fail to make up the rest days can claim 200% overtime pay. Workers who work overtime on legal holidays may ask for 300% overtime pay.
Workers should advocate overtime, remember to provide corresponding overtime evidence, and try to collect overtime evidence at ordinary times. Work records, screenshots of work chats, work results, audio and video recordings are all acceptable, as long as overtime hours can be proved.
If there is no evidence of overtime work, it is difficult for overtime pay to be supported by the court.
3. Workers who have not taken annual leave can claim annual leave pay;
According to Articles 3 and 4 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, workers can enjoy paid annual leave as long as they work continuously for more than 12 months. Workers who do not have annual leave at ordinary times have the right to ask the unit to pay annual leave wages at 300% of the daily wage standard.
In judicial practice, annual leave is generally limited to one-year arbitration limitation, and workers may not be able to claim annual leave pay for too long.
According to Article 3 of the Regulations on Paid Annual Leave for Employees: "Employees who have worked for more than 1 year but less than 10 year shall have an annual leave of 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; If it has been 20 years, the annual leave is 15 days. "
4. Workers can claim unpaid performance bonuses, performance wages, performance commissions, year-end awards and other labor remuneration;
Employers often reach an agreement through rules and regulations or labor contracts. That is, if the employee leaves his job halfway or both parties terminate the labor relationship, similar performance bonus, performance salary, performance commission and year-end bonus will no longer be paid. Many workers mistakenly believe that they have no right to claim compensation, but this is actually a wrong concept. Because in accordance with the provisions of Article 26 of the Labor Contract Law, the clause that the employer exempts itself from legal responsibility and excludes the rights of workers is invalid. Whether the employer's refusal is supported by the court depends on the evidence provided by both parties. In short, the employer has no right to unilaterally and arbitrarily deduct the labor remuneration of the workers.
Five, workers can ask the employer to pay their own social insurance premiums;
In the stage of labor arbitration or court prosecution, many workers often ask employers to pay social security for them.
Lawyer Guo Can told you very clearly that the claim for paying social security itself is not within the scope of court acceptance. Because there are arrears disputes between employers, laborers and social security agencies, they belong to the scope of administrative management and are not under the jurisdiction of the court.
Only when the employer fails to pay the social security to the employee, and the employee pays it by himself and asks the enterprise to compensate for the social security loss, will it fall within the scope of acceptance of the people's court (debt of unjust enrichment).
If the employer fails to pay social security for the employee according to law, the normal processing flow is as follows: the employee asks the employee to pay back the social security-the employee refuses to implement it-the employee requests the administrative supervision and compulsory measures of the social security center-the employee refuses to implement it-the social security center requests the court to enforce it-the court forcibly freezes the unit account, etc.
It can be seen that the social security center is the main body responsible for asking the unit to pay back the social security, and the main body applying for court enforcement is also the social security center, not the worker himself. Now, everyone understands why the court refused to accept this appeal. If the social security center does not act, workers can only complain to the higher authorities of the social security center.
Six, the employer has not signed a labor contract, the employee may demand compensation for double the wage difference;
The employing unit shall conclude a written labor contract within one month from the date of employment. If the two parties have not signed a labor contract, the employer shall compensate the employee at most twice the wage difference of 1 1 month. At this time, as long as the laborer can prove the existence of labor relations, and within the one-year arbitration limitation, he can ask the employer to compensate for the double wage difference.
Seven, the employer refuses to cooperate with the payment of unemployment benefits, can claim the loss of unemployment benefits;
Workers can receive unemployment benefits when their employment is interrupted at their own will. At this time, the employer should issue a certificate of termination or dissolution of labor relations for the unemployed in time and handle unemployment benefits for them. If the employer refuses to cooperate with the handling, resulting in the laborer being unable to receive unemployment benefits, the laborer has the right to recover from the employer. You can read the relevant laws and regulations of the Unemployment Insurance Regulations carefully.
Eight, the occurrence of work-related injuries, workers can apply for a one-time disability allowance, one-time medical allowance for work-related injuries, one-time employment allowance for disability;
Many workers have had work-related accidents during their employment, especially those who have paid social security according to law, and can only receive a one-time disability allowance (paid by the work-related injury insurance fund) during their employment. However, the one-time disability employment subsidy (paid by the employer) and the one-time work-related injury medical subsidy (paid by the work-related injury insurance fund) can only be received when the labor contract is terminated or terminated. Therefore, for employees who have industrial accidents, don't forget this appeal when they leave.
Nine, other compensation items that workers can claim.
Limited by space, lawyer Guo Fei can't explain them one by one, but simply list several compensation items for your reference:
9. Because the employer fails to pay social security, it is unable to enjoy reimbursement expenses such as medical treatment, work injury and maternity allowance. 10. Losses caused by the employer's refusal to issue a resignation certificate, resulting in the employee's inability to continue employment. 1 1. When there is a non-competition agreement between the employee and the employer, the employer may be required to pay non-competition compensation.