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According to the provisions of the Labor Contract Law, if an employee seriously violates the rules and regulations of the employer, the employer may terminate the labor contract in accordance with the law and is not required to pay severance compensation.
Labor discipline refers to the code of conduct that people must abide by in order to achieve unity of action and ensure the realization of the production (or work) process in the process of common labor. It is a necessary condition for people to engage in social labor. Regardless of the mode of production, as long as common labor is carried out, there must be labor discipline.
Otherwise, collective production could not take place. The social nature of labor discipline is different under different social systems.
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For employees' violations of labor discipline, enterprises should be dealt with in accordance with the relevant rules and regulations, of course, the rules and regulations must be formulated in accordance with the law and employees should understand, enterprises should adhere to the principle of ideological education first, punishment as a supplement. If the circumstances are serious, they shall be dealt with seriously in accordance with the provisions of the "Labor Law", and if it is necessary to make a dismissal sanction, the facts shall be ascertained in accordance with the provisions of the "Regulations on Rewards and Punishments for Employees of Enterprises", and the factory director (manager) shall propose and be discussed and decided by the workers' congress or the workers' congress. The dismissal decision shall be made in person with the employee who violated the discipline, and the employee shall be allowed to make a defense.
The decision made should be reported to the local labor administrative department for the record, and the dossier should be promptly transferred to the local labor and employment agency, so that the dismissed workers can enjoy unemployment insurance benefits.
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U no one introduced the good.
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Legal Analysis: If an employee fails to perform and abide by the labor discipline formulated by the employer in the course of work, it is a violation of labor discipline. Such as late arrival, early departure, absenteeism, etc.
1. The concept of labor discipline. Labor discipline, also known as occupational discipline, refers to the labor rules and labor order that workers should abide by in their work. It is the employer that regulates and restricts the labor and related behaviors of employees.
Labor discipline is a rule that all employees are required to abide by in the process of collective labor, work and life, as well as other processes closely related to labor and work, in order to form and maintain the order of production and operation and ensure the performance of labor contracts. 2. Scope of labor discipline. Includes:
1. Strictly perform the labor contract and the responsibilities that should be borne for breach of contract (performance discipline). 2. Arrive at work at the specified time and place, and take personal leave, sick leave, annual leave, family leave, etc. as required (attendance discipline). 3. According to the responsibilities and rules of production and job positions, complete work tasks (production and work discipline) according to quality and quantity.
4. Strictly abide by technical operation regulations and safety and health regulations (safety and health discipline). 5. Save raw materials and take care of the property and goods of the employer (daily work and life discipline). 6. Keep the business secrets and technical secrets of the employer (Bright early answer confidentiality discipline).
7 Rules for Reward and Punishment (Reward and Punishment System). 8. Rules and regulations and other rules (other disciplines) closely related to labor and work. Judging from the content of the eight labor disciplines listed, employers can formulate rules and regulations from five aspects, namely:
Labor contract management (or personnel management), attendance and leave, production and work, rewards and punishments, and others.
Legal basis: Article 1 of the Labor Contract Law of the People's Republic of China? This Law is enacted in order to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.
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Legal Analysis: Violations of labor discipline include a wide range of behaviors, and the failure of employees to perform and abide by the labor discipline formulated by the employer in the course of labor is a violation of labor discipline. Such as late arrival, early departure, absenteeism, etc.
Legal basis: Article 25 of the Labor Law of the People's Republic of China 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) Serious violation of labor discipline or the rules and regulations of the employer;
3) Serious dereliction of duty or malpractice for personal gain, causing major harm to the interests of the employer;
4) Those who have been pursued for criminal responsibility in accordance with law.
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Legal analysis: If you want to investigate the responsibility of party discipline, you can follow the organizational discipline of "refusing to obey the arrangements and work transfers of the party organization", and give corresponding punishments according to the degree, then first of all, you have talked to the party member and talked to the heart, and there is no collective research and investigation, there must be traces, and those who refuse to obey many times can be dealt with.
Legal basis: "Regulations on Disciplinary Sanctions of the Communist Party of China" Article 73: Where any of the following conduct is committed, and the circumstances are more serious, a warning or serious warning is to be given:
1) Violating provisions on reporting relevant personal matters by concealing or failing to report them;
2) When organizing conversations or inquiries, not truthfully explaining problems to the organization;
3) Failing to report as required or not truthfully reporting their whereabouts;
4) Failure to truthfully fill in personal file materials.
Those who tamper with or falsify personal file materials are to be given serious warnings; and where the circumstances are severe, they are to be removed from internal Party positions or placed on Party probation.
where serious mistakes are concealed prior to joining the Party, they shall generally be removed from the list; Those who perform well after joining the Party are to be given serious warnings, removed from internal Party positions, or placed on Party probation.
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1. Those who are not on duty in class and are detached from their posts. 2. Ask for overlord leave, and do not work the next day without permission. 3. Drinking alcohol after going to work and on duty.
4. Engage in activities unrelated to their own work during working hours. It is my duty to abide by labor discipline as a worker. Reasonable rights and interests should have a sense of self-protection, and reasonable rights and interests protection must also follow certain procedures in order to form a benign cycle.
Form a public order that everyone obeys. Only in a fair and benign order can everyone's rights and interests be best protected. 5. Failure to commute and clock in and out on time.
6. Leaving work early and leaving work early. 7. Rest and exercise exceed the specified rest and exercise time. 5. Do private work during working hours.
Article 3 of the Labor Law stipulates that workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
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Violation of labor discipline: 1. Failure to work the next day without permission; 2. Absent from work; 3. Work after drinking; 4. Do private work during class hours; 5. Leave work early and leave work early. Article 39 of the Labor Contract Law stipulates that an employer may terminate a 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 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 39 of the Labor Contract Law 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, engaging in malpractice for personal gain, causing major harm to the unit that uses the fighting tracks; (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.
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