How to fire employees who are passive and how to deal with employees who are passive and who are not

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.

In this way, the income and performance of employees are opened, and the income of good performance is high, and they will naturally listen to you; Poor performance of the income is low, you can help it, give a stool meeting, if you still can't meet the standard, then implement the last elimination system. If an employee is still incompetent or violates 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.

Legal basis] Labor Contract Law of the People's Republic of China Article 40 In 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 employee is sick or injured not due to work, and is unable to perform the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; (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 based at the time of conclusion, which makes 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.

Legal analysis: If an employee is passive and slacks off work, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee one month's salary in addition.

Legal basis: Article 40, Paragraph 1 of the Law of the People's Republic of China on Labor and Burial Contracts: Workers who are incompetent for their work and have undergone training or adjustment work. If the employer is still unable to perform the job, 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.

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.

Article 7 of the Interim Provisions on Payment of Wages shall be paid on the date agreed between the employer and the employee. In case of holidays or rest days, the 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.

Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. Article 16 of the Interim Provisions on Payment of Wages If the employee causes economic losses to the employer due to the employee's own reasons, the employer may require the employee to compensate for the economic losses in accordance with the provisions of the labor contract. Compensation for economic losses may be deducted from the wages of the employees themselves.

However, the monthly deduction shall not exceed 20% of the employee's salary for that month. If the remaining part of the salary after deduction is lower than the local monthly minimum wage, it will be paid according to the minimum wage.

Legal analysis: The process of dealing with employee fights is to first understand the reasons for the fight, and after understanding the process of the matter, it is necessary to have in-depth communication with the employees who fight, and let the employees who fought submit a written review, and then the company will announce the results of the treatment of the employees who fight, whether it is fines or deductions of bonuses, and finally, the results of the handling of the employees who fight should be announced, so that other employees can take this as a warning.

Legal basis

Law of the People's Republic of China on Public Security Administration Punishments》 Article 9: The public security organs may mediate and handle violations of the administration of public security, such as fights or damage to other people's property caused by civil disputes, where the circumstances are relatively minor. Where, after mediation by the public security organs, the parties reach an agreement, they are not to be punished. Where no agreement is reached through mediation or no performance is made after an agreement is reached, the public security organs shall punish the violator of the administration of public security in accordance with the provisions of this Law, and inform the parties that they may lawfully initiate civil or property litigation in the people's court on civil disputes.