Hello lawyer Ren, I work in a state owned enterprise restaurant, and I have been on probation since

If you are dismissed for reasons by the employer, you will be paid more than 5 months of economic compensation, and if you are dismissed without one month's notice, an additional month will be added.

In the case of illegal dismissal, the severance shall be paid twice the standard, that is, more than 10 months.

Severance = Compensation time The average salary of the 12 months before you leave the company (the calculation of the average salary: it is the number of all wages due in the current month, which is the number before deducting personal insurance and provident fund.) ）

Without a contract renewal, the swap may require double wages (up to 11 months) from the second month after the contract expires, a claim that may not be supported in some places. Ask for it first.

See Article 10 of the Labor Contract Law: A written labor contract shall be concluded to establish an employment relationship.

If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

According to what you said, your company has violated the Labor Law and the Labor Contract Law. You should apply to the labor arbitration commission for labor arbitration, or consult a lawyer and assist you in filing a lawsuit with the court. As a worker, you should study the labor law and labor contract law, enhance your legal awareness, and protect your legal rights as a worker!

The following is a detailed list of the provisions of these two laws that are relevant to your case:

Article 10 of the Labor Contract Law stipulates that a written labor contract shall be concluded to establish an employment relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

Article 82 of the Labor Contract Law stipulates that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

Article 89 of the Labor Law stipulates that if the labor rules and regulations formulated by the employer violate the provisions of laws and regulations, the labor administrative department shall give a warning and order corrections; If damage is caused to the worker, he shall be liable for compensation.

Article 90 of the Labor Law stipulates that if an employer violates the provisions of this Law by extending the working hours of an employee, the labor administrative department shall give a warning, order it to make corrections, and may impose a fine.

Article 91 of the Labor Law stipulates that if an employer infringes upon the legitimate rights and interests of a worker in any of the following circumstances, the labor administrative department shall order the employer to pay the employee's wages and remuneration and economic compensation, and may also order the payment of compensation:

1) Withholding or defaulting on the wages of workers without reason;

2) Refusal to pay wages and remuneration for extended working hours;

3) Paying wages to workers lower than the local minimum wage standard;

4) Failing to give economic compensation to the worker in accordance with the provisions of this Law after the termination of the labor contract.

You can ask the company to compensate you double your wages for the duration of the de facto employment relationship, as well as financial compensation.

1.After the expiration of your second contract, the third time has been deemed to have signed an indefinite term employment contract, and the double salary is gone;

2.If the company illegally dismisses you, you can claim 2N compensation, which is from 08 to the present;

3.Compensation is calculated based on your average salary for the previous 12 months.

Economic compensation can be claimed, and if the negotiation fails, it can be resolved by arbitration.

Zongheng Legal Network-Jiangsu Zhaojin Law Firm-Lawyer Chen Yu.