It s been three months since I was relieved of my catering and was relieved of my compensation, not

For non-employee reasons, the employer shall reach an agreement with the employee on the termination of the labor contract with the employee, and the specific compensation shall also be agreed upon during the negotiation. If the two parties cannot reach an agreement, or terminate the labor contract with the employee without negotiation, then the employer's behavior is illegal and the employee will be paid double the severance payment.

Here, the employer is required to pay the employee two and a half months' salary as severance payment, and the monthly salary is calculated based on the employee's average monthly salary for the 12 months prior to the employee's resignation.

If the legitimate rights and interests of the worker are infringed, he or she shall first collect evidence and then negotiate with the employer, and if the negotiation cannot be resolved, he shall file a complaint with the labor inspection brigade or apply to the labor dispute arbitration commission for arbitration.

In accordance with the Labor Contract Law

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

Article 39 The employer may terminate the labor contract under any of the following circumstances: (the worker is not required to pay severance only if the worker's behavior meets the requirements of this Article).

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

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

6) Those who have been pursued for criminal responsibility in accordance with law.

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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as 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 of severance shall be three times the average monthly wage of the worker, and the maximum period of time for which severance shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

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.

This can ask for labor arbitration to apply for compensation, provide proof of your work in the restaurant, and respond to the problem in a timely manner 40 00 00 91 64.