Workers can apply for labor arbitration and require the employer to pay compensation for illegal dismissal.

How to apply for labor arbitration:

1. Go to the Labor Dispute Arbitration Committee within the local Human Resources and Social Security Bureau (formerly the Labor Bureau) to apply for labor arbitration. When filing a case, you need to bring: 2 copies of the arbitration application, 1 copy of the applicant’s ID card; 2 copies of relevant evidence and a list of evidence; the employer’s industrial and commercial registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration committee will register the case within 5 working days, and then give both parties a period to present evidence and a period for the other party to respond; then a court hearing will be held, and then the two parties will be mediated. If the mediation fails, the arbitration committee will issue a decision. Award; the labor arbitration case will be concluded within 60 days; if the employee is dissatisfied with the award, the employee can sue to the court;

3. During the application for labor arbitration, the employee will not be delayed in going to work in the new unit.

Article 47 of the "Labor Contract Law of the People's Republic of China": Economic compensation shall be paid to workers based on the number of years they have worked in the unit and one month's salary for every full year. . If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

If the employee’s monthly salary is three times higher than the average monthly salary of employees in the region in the previous year announced by the municipality or districted city-level people’s government where the employer is located, the standard of economic compensation paid to the employee shall be based on the average monthly salary of employees. The employee shall be paid three times the salary, and the maximum number of years for which financial compensation shall be paid shall not exceed twelve years.

The monthly salary mentioned in this article refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated.

Article 48 If the employer violates the provisions of this Law to terminate or terminate the labor contract, and the employee requires continued performance of the labor contract, the employer shall continue to perform; the employee does not require continued performance of the labor contract or the labor contract If it is no longer possible to continue to perform, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 If an employer violates the provisions of this Law to terminate or terminate a labor contract, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.