After working in a hotel for 2 years and 3 months, the company dismissed me. How can I claim compensation? During this period, I only insured for 10 months.

The dissolution (dismissal) of the labor relationship between the employer and you can be divided into the following three situations. If economic compensation or compensation should be paid to you but not paid to you, you may apply for labor arbitration. For detailed consultation, please contact me:

1. If the employer terminates the labor relationship with you without any reason and fails to pay any economic compensation, and you don't have the circumstances stipulated in Article 39 of the Labor Contract Law, you can conclude that the employer's behavior belongs to the illegal termination of the labor contract stipulated in Article 87 of the Labor Contract Law, and should pay you compensation, that is, you should be paid two months' salary for each year of work;

2. If the employer terminates the labor relationship with you according to the circumstances stipulated in Article 19 of the Regulations for the Implementation of the Labor Contract Law, and if it complies with the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, pay you one month's salary for each year of work;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, the employer does not need to pay any economic compensation or notify you in advance to terminate the labor contract with you.

Relevant legal basis:

Labor contract law:

Article 39 The employing unit may terminate the labor contract under any of the following circumstances:

(a) during the probation period, it is proved that it does not meet the employment conditions;

(two) a serious violation of the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the employer;

(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;

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

(6) Being investigated for criminal responsibility according to law.

Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:

(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;

(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;

(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;

(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;

(seven) other circumstances stipulated by laws and administrative regulations.

Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed 12 years.

The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.

Article 19 of the Regulations for the Implementation of the Labor Contract Law (omitted, I have relevant laws and regulations in QQ space and Baidu space)