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Some behaviors are identified as violations of the company's rules and regulations, so that the company will have a certain basis for rules and regulations when dismissing the above employees. In addition, it is recommended that the company improve the company's salary system and add performance rewards to improve the enthusiasm of employees. Finally, it is necessary to resolutely dismiss some employees who are obviously taking the lead in making bad decisions, even if they pay severance payments, they must be dismissed immediately, otherwise it will only make the whole team more and more difficult to manage.
You can know again if you need to.
Thank you, don't think about changing the company system, it's not within my scope.
I would like to ask if the following methods are in compliance with the labor law
1。Whether it is legal to arrange one's own work, which cannot be completed, and is dismissed three times for violating labor discipline (the trouble in operation is how much to arrange is reasonable);
This can only be said to be incompetent for the job, and generally speaking, this is also required to pay economic compensation; In addition, whether there is a violation of discipline or not, there are rules and regulations.
2。Is it legal to arrange and support the work of other departments, and if they do not accept it, they will be subject to labor discipline?
This is possible, but whether there is a violation of discipline also needs to be subject to rules and regulations.
3。Is it legal for an entire small department to be abolished (business needs no longer exist) and all personnel to be merged into other departments?
This should be within the scope of the enterprise's employment autonomy, but it cannot reduce its wages.
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It's good to expel and recruit people again.
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How to deal with employees who are passive and slacking off: For employees who are passive and slacking off, the employer may train them or adjust their positions, but if they are still incompetent for the job or violate the rules and regulations, 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.
Labor Contract Law of the People's Republic of China
Article 40. Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days before the registration of the employee 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.
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How to deal with employees' passive slacking.
1.Communicate and negotiate with employees;
2.Adjust the position of the employee;
3.Dismissal of employees.
Employees who are passive and slack off need to find a way to prove that they are unable to work normally or violate the rules and regulations, and they must be justified.
Legal basis: Paragraph 1 of Article 40 of the Labor Contract Law stipulates that if an employee is incompetent for the job and is still incompetent after training or job adjustment, 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.
Article 39 of the Labor Contract Law stipulates that if an employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract.
1. The process of dismissal of employees for passive sabotage.
The specific process for dismissal of an employee for passive sabotage is as follows:
1.Notify the dismissed employee;
2.Explain the reasons for dismissal;
3.Handle resignation procedures and job handovers for dismissed employees.
The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
2. Do employees need to be compensated for being dismissed for passive sabotage?
Employees who are dismissed for passive slacking do not need to be compensated. If an employee is dismissed due to negligence, the employer is not required to compensate the employee if the dismissal is faulty; If the employer suffers losses due to the employee's reasons, the employer may also require the employee to compensate, and the compensation can be deducted from the employee's salary in accordance with the law.
Legal basis: Article 7 of the Interim Provisions on Payment of Wages.
Wages must be paid on the date agreed between the employer and the employee. In the case of a holiday or rest day, payment should be made in advance on the nearest working day. Wages are paid at least once a month, and weekly, daily, and hourly wage systems are implemented.
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1. For employees who are extremely slacking off, the employer may train them or adjust their positions, but if they are still incompetent for their work or violate the rules and regulations, 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.
2. According to the relevant provisions of China's laws, employees who are negative do not need to be compensated if they are dismissed by the company, and negative slacking is a serious violation of the rules and regulations of the employer, so the company does not need compensation to dismiss the employee. Statutory compensation is based on the number of years of service multiplied by the average monthly wage.
Legal Analysis] Ways to deal with passive employees: First of all, don't just think about firing when you encounter problems, it seems that your management experience is not enough. When the employees of the department have a situation of passive slacking, the first measure to be taken should be to admonish, and at the same time strengthen the reward and punishment and supplement the corresponding training. >>>More
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This kind of thing is actually not easy to do If I were you, I would use a more extreme way Since I don't want to work, then I won't give him any work or the work is yours If you have a dinner party, you can take care of it when he talks I don't take the initiative I don't take the initiative to sit down and play with my mobile phone If he usually goes too far, other people will follow the intention Absent for no reason, that's simpler, just open it Then when he meets him, I talk to everyone a little bit about that day, my whole handling of my work is not wrong, and there is a little cold treatment for him What's wrong with my boss I didn't make a mistake in my work Every manager's personality and communication style are different in terms of how people behave in the world, and you can try other methods.
This is an illegal act and is punishable by a fine. According to Article 86 of the Labor Contract Law of the People's Republic of China, if an employer fails to pay social insurance premiums in full and on time, the social insurance premium collection agency shall order it to pay or make up the amount within a time limit, and impose a late fee of 5/10,000 per day from the date of non-payment; If the payment is still not made within the time limit, the relevant administrative department shall impose a fine of not less than one time but not more than three times the amount owed. >>>More