Discuss the legal provisions of the Labor Law on unilateral termination of labor contracts by employ

1. If the employee fails to pass the probationary period: If the employee is proved to be ineligible for employment during the probationary period, the employer may terminate the labor contract at any time. 2. Unilateral fault of the employee; (1) Violations:

The worker seriously violates the rules and regulations of the employer; (2) Dereliction of duty: the employee is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer; (3) Serving the two masters: the worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; (4) Fraud:

The employee fraudulently, coerces or takes advantage of the danger of others, causing the employer to conclude or modify the labor contract contrary to its true intentions, resulting in the invalidity of the labor contract; (5) Criminal liability: The worker is investigated for criminal liability in accordance with the law.

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Provisions on unilateral termination of labor contract by the employer: If the employee is proved to be ineligible for employment, has committed serious disciplinary violations, or committed fraud to sign the employment contract during the probationary period, the employer may unilaterally terminate the contract without compensating the employee.

Article 4 of the Labor Contract Law of the People's Republic of China Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations. Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 39 of the Labor Contract Law of the People's Republic of China An employer may terminate a labor contract if an employee 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 harm to the employer; (4) The worker establishes a labor-high material relationship with other employers at the same time, causing a positive or serious impact on the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

Dear, I'm honored to serve you with answers. Article 39 of the Labor Contract Law stipulates that the employer unilaterally terminates the labor contract; [Unilateral termination of the labor contract by the employer (negligent dismissal)] The employer may terminate the labor contract if the employee has any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law (using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to the true intention of the bridge); (6) Those who have been pursued for criminal responsibility in accordance with the law.

Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, dismantling and engaging in malpractice, causing major harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for 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 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (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 Paragraph 1 of Article 11 of Article 4 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

Article 40 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee 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 or work arranged by the employer after the expiration of the prescribed medical treatment period; (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.

Article 39 of the Labor Contract Law provides that the employer may terminate the labor contract if the employee is in difficulty 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 harm 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 unit, or refuses to make corrections after being proposed by the unit that uses the person to make corrections;

(5) The labor contract is invalid due to the circumstances provided for 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 worker in writing 30 days in advance or paying the worker 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. Article 41 In any of the following circumstances, where it is necessary to lay off 20 or more employees or less than 20 but accounting for more than 10 percent of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or the workers, it may reduce the number of personnel after reporting the plan to the labor administrative department:

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) The enterprise still needs to lay off personnel after changing the labor contract, after changing the labor contract;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based. When reducing personnel, priority shall be given to retaining the following personnel:

1) Entering into a fixed-term labor contract with the unit for a longer period of time;

2) Entering into an indefinite labor contract with the unit;

3) There are no other employed persons in the family, and there are elderly or minors who need to be supported. Where an employer lays off personnel in accordance with the provisions of the first paragraph of this Article and rehires personnel within six months, it shall notify the personnel who have been laid off and give priority to the personnel who have been laid off under the same conditions.

According to the Labor Contract Law of the People's Republic of China, the circumstances under which an employer unilaterally terminates an employment contract include the following:

1.The worker is proved to be ineligible for employment during the probationary period;

2.The employee seriously violates the rules and regulations of the employer;

3.The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer;

4.The worker is investigated for criminal responsibility in accordance with the law;

5.The worker is sick or injured not due to work, and is unable to engage in the original job, and is unable to engage in the work arranged by the employer after the labor ability assessment;

6.There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the labor contract, and the employer cannot continue to perform the labor contract if no agreement can be reached through negotiation.

It should be noted that the unilateral termination of an employment contract by an employer must comply with the provisions of the law and cannot be arbitrarily terminated. If the unilateral termination of the employment contract by the employer violates the law, the employee may require the employer to bear the corresponding legal liability.

In addition, when an employer unilaterally terminates a labor contract, it shall pay economic compensation to the employee in accordance with the law. The specific level of severance varies according to the length of service and the level of wages of the worker.

In short, the unilateral termination of an employment contract by an employer is a serious legal act and must comply with the relevant laws and regulations, otherwise it will face legal liability. Workers should also understand their rights and obligations and safeguard their legitimate rights and interests.

Legal basis]:

Article 4 of the Labor Contract Law of the People's Republic of China.

Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and fulfill labor obligations.

Article 36.

The employment contract may be terminated if the employer and the employee reach an agreement through consultation.

Article 39.

The employer may terminate the labor contract if the employee 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 harm 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 unit, or refuses to make corrections after being proposed by the employer;

5) The labor contract is invalid due to the circumstances provided for 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 31 of the Labor Law stipulates that "an employee shall notify the employer in writing 30 days in advance of the termination of a labor contract". If an employee wants to terminate a labor contract, he or she may terminate it through consultation with the employer.

The second is to unilaterally terminate the labor contract by notifying the employer in writing 30 days in advance. This article stipulates the employee's right to resign, and also stipulates the conditions and procedures for the employee to unilaterally terminate the labor contract. The employee does not need any substantive conditions to unilaterally terminate the labor contract to exercise the general right of termination, and the only condition is to notify the employer 30 days in advance, so that the employer can take precautions and avoid affecting the progress of the employer.

Article 36 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee 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 of the Labor Contract Law of the People's Republic of China provides that if an employer has one of the circumstances of slag relief, the employee may terminate the labor contract: (1) failing 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) Failing to pay social insurance premiums for workers in accordance with 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 provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which laws and administrative regulations provide that a worker may terminate the labor contract.