如果您在劳动仲裁期间被公司以旷工为由解雇,这可能构成违法解雇。您可以采取以下步骤应对这种情况:
1. 收集证据: gathering all relevant evidence, such as your employment contract, payslips, any written communication with your employer, and documentation related to the alleged absence or termination.
2. 咨询法律专业人士: seek advice from a legal professional who specializes in employment law to understand your rights and options.
3. 申请仲裁: file an arbitration claim with the labor arbitration commission. This is the first step in resolving the dispute through an official channel.
4. 准备仲裁材料: prepare your case, including a statement of facts, evidence, and any legal arguments that support your position.
5. 参加仲裁 hearing: attend the arbitration hearing and present your case. Be prepared to answer questions and provide clarification on the evidence you have submitted.
6. 注意沟通: during the arbitration process, be cautious with any communication with your employer to avoid self-incrimination or damaging your case.
7. 考虑和解: if a settlement offer is made, carefully consider whether it is fair and reasonable. If you believe it is, you can accept the offer and end the process. If not, you can continue to pursue your case.
8. 准备诉讼: if the arbitration does not result in a favorable outcome, or if the company refuses to engage in the process, you may need to prepare for a lawsuit. This could involve further legal consultations and preparing for court proceedings.
Remember, it is important to act promptly and follow the proper legal procedures when dealing with such issues.
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