What is your understanding of Article 82 of the Labor Contract Law of the People’s Republic of China?

yhyworld

What is your understanding of Article 82 of the Labor Contract Law of the People’s Republic of China? [Copy link]

The following figure shows Article 82 of the Labor Contract Law of the People's Republic of China.

On March 25 this year, the company forcibly dismissed me without consulting me.

Question:
Should the company pay me double salary every month?

Thanks!

Note:
I started working on December 6, 2017, and as of March 25 this year, I have been working for more than 2 years and 3 months. The company has never signed a labor contract with me.
The attachment is the Labor Contract Law of the People's Republic of China
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Attachment:

中华人民共和国劳动合同法 ori.pdf (305.78 KB, downloads: 1)

2020-4-19 21:37 上传

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Attached photos:

yhyworld

I received the labor arbitration acceptance notice on April 17. I decided to go through labor arbitration to protect my legitimate rights.

For details, please see the post below In
the second week after returning to work, I received: resignation form and notice of termination of labor contract!
https://en.eeworld.com/bbs/thread-1115777-1-1.html

okhxyyo

come on!

电子翼

Hang in there

曹伟1993

This is a very troublesome path. It takes up to two and a half years from the time you file the lawsuit to the time you get the money. In the meantime, you have to provide all kinds of information, which wastes time.

littleshrimp

Labor arbitration can basically solve your problem, but sometimes it will take a long time. After preparing and submitting the relevant materials, focus on your current work and forget about the arbitration. You will be notified of the hearing time when the time comes.

If you are not satisfied with the arbitration result, you can file a lawsuit within the specified time. In your case, considering that you have never signed a labor contract, you will basically win if you have complete evidence, but it will take a longer time.