What is the difference between removal from the military and expulsion

The difference between delisting and expulsion from the military is that when delisting, the army acknowledges his experience as a soldier, and when he is expelled from the military, the army does not recognize his experience as a soldier, which can be seen from the Disciplinary Regulations:

Article 144:Conscripts who have been removed from the list are to have their military rank revoked, their original positions naturally revoked, and they must not enjoy the State's preferential treatment for retired servicemen. When leaving the unit, the formalities for leaving the army are not to be completed, and the approving organ is to issue a certificate and send the dossier to the people's armed forces department of the county (city, district) where the original collection was made.

The county (city, district) people's armed forces department shall promptly accept conscripts who have been removed from the list, assist in handling formalities such as settlement and transfer of archival materials, and give a notice within the county (city, district).

Article 145: Persons who have been expelled from the military shall have their military rank and awards received during their service revoked, and their original positions and ranks shall be naturally revoked, and they shall not enjoy the preferential treatment of retired servicemen from the State. When leaving the team, the discharge formalities will not be completed, and the approving authority will issue a certificate and send a special person to send them back.

The county (city, district) people's armed forces department shall give a notice to persons who have been expelled from the military.

Legal analysis: (1) All sentenced counter-revolutionary criminals will be expelled from the military;

2) Criminal offenders sentenced to fixed-term imprisonment of more than 5 years shall generally be expelled from the military; Those sentenced to up to 5 years imprisonment or short-term detention are generally not to be expelled from the military;

3) Counter-revolutionaries and other bad elements who are not prosecuted for criminal responsibility and who have truly lost the basic requirements for revolutionary servicemen may also be expelled from the military when necessary. For the above personnel who need to be expelled from the military, soldiers must be approved by military-level units, cadres below the battalion level must be approved by large military regions or first-level units of the military branches, and cadres above the regimental level must be approved by the ** Military Commission.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

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

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.