1, if the unit is illegal to terminate the labor contract, the worker can demand to pay compensation;
2, if the unit's reason for terminating the labor contract is in line with the provisions of the "Labor Contract Law", there is no need to pay economic compensation or indemnification;
3, if the matter of compensation can't be reached with the unit, you can apply for labor arbitration within one year of the terminated Requirements;
Workers who are dismissed without cause can complain to the labor bureau, or apply for arbitration, and can also sue. If an employer violates the provisions of this Law by terminating or suspending a labor contract, and the worker requests the continuation of the labor contract, the employer shall continue to perform the contract; if the worker does not request the continuation of the labor contract, or if the labor contract can no longer be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
1, if there is no contract then the following:
1, the employer from the date of employment for more than one month less than one year has not entered into a written labor contract with the workers, shall pay the workers two times the monthly wages.
2, within one month from the date of employment, after written notice by the employer, the worker does not enter into a written labor contract with the employer, the employer shall notify the worker in writing of the termination of the labor relationship, without the need to pay economic compensation to the worker, but should be paid to the worker in accordance with the law of the actual working hours of the labor remuneration.
II. Provisions are made for special cases in which working hours can be extended:
1. In the event of natural disasters, accidents, or for other reasons, threatening the life, health and property safety of workers, and needing to be dealt with urgently. Such cases mainly include earthquakes, floods, emergency rescue, traffic accidents, mine underground accident rescue and so on.
2. Production equipment, transportation lines, public **** facilities failures, affecting production and public interest, must be promptly repaired. This mainly refers to the enterprise's production line, the enterprise's main production equipment failure, railroad line failure, highway arterial traffic congestion, water pipelines, sewerage, gas pipelines, heating pipelines, power supply lines and other failures.
3. Other cases stipulated by laws and administrative regulations. This is the law and the State Council administrative regulations on the extension of working hours to make special provisions.
The above provisions indicate that the employer can extend the working hours as long as one of the above circumstances, and can be decided directly by the employer without consultation. This is because the above circumstances are related to the public interest, if not resolved in time, will certainly affect the production, life and even life of the general public, so it is very necessary to solve these special circumstances in time by extending the working hours of workers.
III. Duties.
1, under the leadership of superiors, preside over the overall work of the station. Lead the station personnel to obey the central work of the party government, the successful completion of the superior issued by the propaganda, career building and business income generation and other objectives and tasks.
2, to grasp the station personnel's ideological and political work and political theory learning, the establishment of sound rules and regulations and the duties of each position, the assessment rules. Improve the station's internal management and assessment of rewards and punishments, review and timely reporting of various reports, summaries and other materials.
3, according to the indicators issued by the higher levels, the formulation of publicity plans and development planning. Open up business income-generating channels, and organize the implementation. Regularly report to the person in charge of the situation, and from time to time to the higher authorities in the work.
4, grasp the whole station safety management and maintenance work, to eliminate all kinds of accidents.
5, the implementation of national laws and regulations, according to law administration.
6, strict implementation of the financial management system, strengthen asset management and cost accounting, the organization of revenue and expenditure, to eliminate waste.
7, the organization of job training and technical training, technical innovation activities, and strive to improve the station personnel's business skills and service level.
8, firmly establish a sense of the big picture, based on the long-term development of the cause.
9, to complete other tasks assigned by the superior.
10, deputy station manager to assist the station manager, to complete the task of work in charge of the task and the station manager assigned to other tasks. And responsible to the stationmaster. During the station chief is away, entrusted by the station chief is responsible for the work of the station.
Legal basis:
The People's Republic of China*** and the State Law on Labor Contracts
Article 37 Workers give notice of termination of the labor contract in advance Workers may terminate the labor contract by notifying the employer in writing thirty days in advance. A worker may terminate an employment contract by giving three days' notice in advance to the employer during the probationary period.
Article 38 If a worker unilaterally terminates the labor contract, the worker may terminate the labor contract if the employer does any of the following:
(1) fails to provide labor protection or labor conditions in accordance with the agreement in the labor contract;
(2) fails to pay labor remuneration in full and on time;
(3) fails to pay social insurance premiums for the worker in accordance with the law;
(4) Where the rules and regulations of the employer violate the provisions of laws and regulations to the detriment of the rights and interests of the workers;
(5) Where the labor contract is invalidated due to the circumstances stipulated in the first paragraph of Article 26 of the present Law;
(6) In any other circumstances in which the workers may terminate the labor contract as stipulated by the laws and administrative regulations.
If an employer forces a worker to work by violence, threat, or unlawful means of restricting personal freedom, or if an employer directs or orders risky work in violation of regulations, endangering the personal safety of the worker, the worker may terminate the employment contract immediately without prior notice to the employer.
Article 39 An employer may terminate an employment contract unilaterally (negligent dismissal) if a worker:
(1) is proved to be incompatible with the conditions of employment during the probationary period;
(2) is in serious violation of the employer's rules and regulations;
(3) is in serious dereliction of duty, engages in personal malpractice and causes significant damage to the employer; or the employing unit;
(4) a worker who simultaneously establishes labor relations with other employing units, which seriously affects the accomplishment of the unit's work tasks, or who refuses to make corrections upon the employing unit's proposal;
(5) a worker whose labor contract is invalidated due to the circumstances stipulated in Paragraph 1, Subparagraph 1 of Article 26 of this Law;
(6) a worker who is being investigated in accordance with the law for criminal liability.
Article 40: In the event of dismissal without fault under any of the following circumstances, the employer may terminate the labor contract after giving thirty days' notice in writing to the worker or after paying the worker an additional one month's wages:
(1) If the worker is ill or injured not due to work, and is unable to engage in the original work after the expiration of the prescribed medical treatment period, or is unable to engage in the work that has been arranged by the employer;
(2) The worker is unable to engage in the original work or in the work that has been arranged by the employer; or
(2) the worker is unable to perform the work, and after training or adjusting the work position, he or she is still unable to perform the work;
(3) the labor contract is concluded on the basis of the objective situation has changed significantly, making it impossible to perform the labor contract, and after consultation between the employer and the worker, the employer and the worker failed to reach an agreement to change the content of the labor contract.