Can a new employee who has not signed an employment contract be fired if he or she is often lazy dur

If the employer has relevant rules and regulations that specify the penalties and inform the employee in advance, it is reasonable; It is illegal for an employer to employ employees for more than one month without signing a labor contract.

In accordance with the Labor Contract Law

Article 4 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.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

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.

This kind of person is dismissed as if he signed a labor contract.

The company can dismiss a new employee who does not have a labor contract and works for 3 months and is often lazy during working hours. However, because the company did not sign a labor contract with him, the company had to pay him double his salary for three months, and at the same time pay him half a month's salary standard economic compensation.

If the employee does not sign a labor contract, this is an illegal employment act. Employees must sign a labor contract, and the contract has a probationary period of three months, and if they do not comply with the factory rules, they can be dismissed by the factory law system without compensation.

Failure to sign a labor contract violates the provisions of Article 10 of the Labor Contract Law and infringes upon the legitimate rights and interests of the new employee, and the new employee shall bear the legal responsibility of paying twice the salary stipulated in Article 82. The time is calculated from the day after the completion of one month of service, i.e. two months' salary.

Make up the outstanding social insurance premiums.

If you are often lazy during working hours, you should first be criticized and educated and even financially punished. If the employee still refuses to make corrections, the labor contract may be terminated in accordance with the relevant provisions of the company's rules and regulations (which need to be reviewed and approved by the workers' congress and publicized to every employee) without paying economic compensation.

Summary. Dear, hello, I am happy to answer for you Employees who are passive at work, make mistakes, and do not sign labor contracts for half a year, can be fired.

Can an employee be fired if he or she is passive at work, makes a mistake, and does not sign a labor contract for half a year?

Dear, you are happy to answer your questions Employees who are passive at work, make mistakes, and do not sign labor contracts for half a year, can be fired.

According to the relevant laws and regulations, if the employee passively slacks and meets the conditions for contract termination, the labor contract can be terminated in accordance with the law, and the losses caused to the employer shall be compensated. There is no clear provision in the law on the negative slacking of workers, which can be dealt with in accordance with effective internal regulations.

Employees who are clearly taking the lead should be resolutely dismissed, even if they are paid severance payments, or they will only make it more and more difficult for the whole team to manage. Faliang Yingjulu Express reminds you that if an employee is found to have violated a serious discipline, it must be based on legal and effective rules and regulations, which are an important basis for the employer to dismiss an employee who violates discipline.

Legal basis: 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, malpractice for personal gain, causing major damage to the employer; (4) The worker establishes a labor relationship with another employer at the same time, which has a 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 specified in Item 1, Paragraph 1 of Article 26 of this Law; (6) Carrying Li (6) was blindly teased and pursued for criminal responsibility in accordance with law.

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If a new employee who does not have a labor contract with the employer has worked for 3 months and is often lazy during working hours, if the employee has the situation under Article 39 of the Labor Contract Law, the employer can legally terminate the labor contract without paying severance to the employee, and the employer and the employee have not signed the labor contract for three months, and the employee needs to pay the employee double wages for 2 months.

If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

The limitation period for applying for arbitration of labor disputes is one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

Labor Contract Law

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 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Labor Dispute Mediation and Arbitration Law

Article 27 The limitation period for applying for arbitration of labor disputes shall be one year. The limitation period for arbitration shall be calculated from the date on which the parties knew or should have known that their rights had been infringed.

The statute of limitations for arbitration provided for in the preceding paragraph shall be interrupted when one of the parties claims rights against the other party, or requests rights and remedies from the relevant authorities, or the other party agrees to perform its obligations. From the time of interruption, the arbitration limitation period is recalculated.

Where the parties are unable to apply for arbitration within the limitation period provided for in paragraph 1 of this Article due to force majeure or other legitimate reasons, the limitation period for arbitration shall be suspended. The limitation period for arbitration shall continue to run from the date on which the reasons for the suspension are eliminated.

If a dispute arises due to arrears of labor remuneration during the existence of the labor relationship, the employee's application for arbitration shall not be subject to the limitation period for arbitration as provided for in the first paragraph of this Article; However, if the labor relationship is terminated, it shall be filed within one year from the date of termination of the labor relationship.

Employees who are unwilling to sign a labor contract will be terminated within one month, otherwise they will be paid twice the salary.