Work is hard-won.

For people with disabilities, it is more difficult to find a stable job. Once they are laid off, many people's first reaction is to forget it, endure it for a while, and leave as soon as possible.

But do you know?

The law will not reduce your rights because you are disabled, but will give you stricter protection.

Today’s article clearly explains the compensation standards and rights protection methods.

One How much can you get if you are laid off?

The core is just one sentence:

If you are terminated legally, you will get financial compensation

If you are terminated illegally, you will get double compensation

1 Legal layoffs

If the company is indeed in operating difficulties and lays off employees in accordance with the law, financial compensation must be paid.

The calculation method is:

One month’s salary will be paid for each year of work
For more than six months but less than one year, it will be counted as one year
For less than six months, half a month's salary will be paid

The salary will be calculated based on the average salary of the twelve months before termination.

For example:

Mr. Wang has worked in the company for five years and three months, with an average monthly salary of 8,000 yuan. The compensation is 5.5 monthly salary, which is equal to 44,000 yuan.

2 Illegal dismissal

If the company

without reasonable reasons
fails to perform procedures

dismisses you for physical reasons and forces you to sign a voluntary resignation, that is an illegal termination.

You can claim compensation, which is twice the economic compensation.

For example: Ms. Li worked for three years with a monthly salary of 6,000 yuan, and the company unilaterally dismissed her. After she applied for arbitration, she was found to have been terminated illegally. The compensation amount was three years times twice the monthly salary, a total of 36,000 yuan.

2. Can a company lay off disabled people at will?

The answer is no.

Disabled people are the key targets of employment protection.

If a company dismisses a disabled employee, it must prove that:

There are indeed operational difficulties
The position has indeed been cancelled
Unable to arrange other positions
The obligation to negotiate has been fulfilled

If you just think that management is troublesome, inefficient, and affects the image, these reasons are usually untenable.

Three things you must not do after being laid off

Don’t sign easily.

Many companies will ask employees to sign

Resignation application for personal reasons

Negotiate the termination of the agreement

Once signed, the difficulty of safeguarding rights will be greatly increased.

Four Correct Rights Protection Steps

First Collect evidence

Labor contract

Salary flow

Social security payment record

Dismissal notice

Chat record

Second Apply for labor arbitration

The statute of limitations is one year

The location is the labor arbitration committee where the company is located

Arbitration is generally free of charge

5 A true situation

Mr. Zhang has worked in a sales company for six years.

When the company lays off employees, employees with limited mobility will be given priority to leave.

He did not sign a voluntary resignation, but applied for arbitration.

It was ultimately determined that the termination was illegal, and the company paid compensation for twelve months’ wages and paid back social security.

It’s not that many people don’t have the right, but they don’t dare to use it.

Write it at the end

If you are dismissed illegally, there is no need to blame yourself, let alone remain silent.

The protection provided by the law is worth fighting for.

If you are experiencing similar problems, you can save this article to give yourself some confidence when necessary.