The shareholders of the company have no right to fire an employee

Shareholders do not have the right to fire employees.

Without rights, if a shareholder has defects in capital contribution or abuses his rights, so as to harm the interests of other shareholders, the law clearly stipulates that he must bear joint and several liability. Then this will be directly vested from the legislation, and it does not have to be adjudicated through the management of the shareholders' meeting. Article 4 of the Company Law of the People's Republic of China The shareholders of the company enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.

Article 20 of the Company Law stipulates that shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to damage the interests of the company or other shareholders; It is not allowed to abuse the independent status of the company's legal person and the limited liability of shareholders to harm the interests of the company's creditors.

The company has the right to expel shareholders. In these cases, the legal person has the right to dismiss the shareholders: 1. The shareholders of the company abuse the rights of shareholders and cause losses to the company or other shareholders; 2. The shareholders of the company abuse the independent status of the company's legal person and the limited liability of the shareholders to evade debts and seriously damage the interests of the company's creditors.

Article 20 of the Company Law stipulates that shareholders of a company shall abide by laws, administrative regulations and the articles of association of the company, exercise their rights as shareholders in accordance with the law, and shall not abuse their rights to harm the interests of the company or other shareholders; The independent status of the company's legal person and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors.

The company does not have the right to dismiss shareholders, and the qualifications of shareholders are based on capital contributions, and as long as shareholders fulfill their capital contribution obligations, no one can dismiss shareholders. Shareholders withdraw their capital contributions, and other shareholders may file a lawsuit to require them to make up their capital contributions. According to the relevant laws and regulations, only if a shareholder withdraws his capital contribution and still does not return it after being reminded, he can be disqualified as a shareholder.

Legal basis] Article 34 of the Company Law of the People's Republic of China.

Shareholders receive dividends in proportion to their paid-in contributions; When the company adds new capital, the company has the right to subscribe for capital contribution in accordance with the proportion of paid-in capital contribution. However, all shareholders agree not to distribute dividends in accordance with the proportion of capital contribution or do not give priority to the payment of capital contribution in accordance with the proportion of capital contribution.

Article 35.

After the establishment of the company, shareholders are not allowed to withdraw their capital contributions.

Legal analysis: Under normal circumstances, the company cannot directly dismiss a shareholder, but if the shareholder fails to perform the obligation of capital contribution or withdraws all the capital contribution, and still does not return it after being reminded, the company may convene a shareholders' meeting to disqualify the shareholder from the shareholder.

Legal basis: Article 17 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III) provides that if a shareholder of a limited liability company fails to perform its capital contribution obligations or withdraws all its capital contributions, and fails to pay or return the capital contribution within a reasonable period of time after being urged to pay or return it by the company, the company dismisses the shareholder qualification by resolution of the shareholders' meeting, and the shareholder's request to confirm that the termination is invalid shall not be supported by the people's court. Under the circumstances provided for in the preceding paragraph, the people's court shall explain when making a judgment that the company shall promptly go through the statutory capital reduction procedures or have other shareholders or third parties pay the corresponding capital contributions.

Where the company's creditors request the relevant parties to bear the corresponding liabilities in accordance with Articles 13 or 14 of these Provisions before going through the statutory capital reduction procedures or other shareholders or third parties pay the corresponding capital contributions, the people's court shall support it.

Legal analysis: The shareholders of the company are not allowed to dismiss employees at will, and the company needs to meet the conditions prescribed by national laws to dismiss employees.

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 Under any of the following circumstances, the worker may terminate the labor contract:

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 the employer forces the employee to exercise by means of violence, threats or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders the risky work that endangers the personal safety of the employee, the employee may terminate the labor contract immediately 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.

Legal Analysis: Shareholders have no right to dismiss employees. Ordinary shareholders do not have the right to dismiss employees because they are not involved in the company's operations. Employees are not entitled to dismiss unless they are involved in the operation of the company and have assumed managerial responsibilities.

The employee has an employment contract relationship with the employer, rather than an employment relationship with the shareholder. Shareholders and employers are different subjects of civil legal relations. Only when an employee and the employer have formed an employment relationship can the employer terminate the employment contract with the employee in accordance with the law.

Shareholders of the company are not allowed to dismiss employees at will, and the company needs to meet the conditions prescribed by national laws to dismiss employees. If the employer dissolves or terminates the labor contract in violation of the regulations, and the employee requests to continue to perform the labor contract, the employer shall continue to perform the labor contract. If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with the regulations.

If a shareholder has defects or abuses his rights to the detriment of the interests of other shareholders, the law clearly stipulates that he must bear joint and several liability. It is necessary to distinguish between shareholders and employees. A shareholder is a natural person or legal person who holds the company's ** in accordance with the law.

For equity, he has the right to possess, use, benefit and dispose of. An employee is an employee who is engaged in labor within the company. Even if you have a high position, you are not necessarily a shareholder.

Legal basis: Article 39 of the Labor Contract 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) 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, 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.