Can an employer fire an employee at will?

Employees cannot be dismissed arbitrarily, and the Labor Law stipulates that employees can be dismissed unless there is gross negligence and the impact and adverse consequences are caused to the employer. Under normal circumstances, the employee needs to be notified by the employer in advance to terminate the contract.

Article 25 stipulates that if an employer terminates a contract, the employer may terminate the contract 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, 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.

Employers cannot just fire employees.

The existence of an employment relationship between an employee and the employer does not mean that the employer can dismiss the employee at will, and even if it wants to be dismissed, it must first meet the dismissal circumstances stipulated in the Labor Contract Law and dismiss in accordance with the prescribed procedures.

1.Under what circumstances can an employer terminate an employment contract?

According to the Labor Contract Law, an employer may terminate an employment 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 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;

6) Those who have been pursued for criminal responsibility in accordance with law.

2.If the employer dissolves or terminates the labor contract in accordance with the law, it shall pay economic compensation to the employee:

Negotiated expulsion"Target;

Dismissal with 30 days' notice", or after an additional month's salary"Outright dismissal"Target;

Reorganization shall be carried out in accordance with the provisions of the Enterprise Bankruptcy Law"Layoffs, dismissals"Target;

The employer does not renew the labor contract upon expiration;

The employer was declared bankrupt in accordance with the law, had its business license revoked, ordered to close or revoked, or the employer decided to dissolve ahead of schedule"laid-off"。

Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary. The maximum number of years for which severance is paid shall not exceed 12 years.

3..If an employer illegally dissolves or terminates a labor contract, it shall pay twice the economic compensation to the employee.

That is, if I work for the company for 5 years, I must be compensated for 10 months' salary. The specific amount is: the average salary for the last 12 months 10.

4.From the perspective of laws and regulations, the following categories of employees must not be dismissed:

Pregnant woman. Needless to say, pregnant women are protected by law and cannot be dismissed casually.

Injured workers or employees in the ** period. Employees who are injured at work or hospitalized due to illness are protected by laws and regulations and cannot be dismissed within their first period, otherwise they will be punished accordingly.

Fixed-term contract employment. Fixed-term contract employees cannot be dismissed casually, unless there is gross negligence or error, or the subject of the contract changes.

In a sense, as long as the compensation is sufficient in accordance with the law, the employer can dismiss the employee at will, which is also a common practice of some enterprises.

As long as you have a contract with the employer, the employer has no right to fire the employee at will, if the unit is not efficient and needs to lay off employees, the employer should also compensate the laid-off employee for certain economic losses, so if the employer wants to fire the employee, it is necessary to compensate for a certain amount of expenses.

Employers are not allowed to fire employees at will, but most private employers are very casual in their dismissal, recruiting people when they are busy and chasing people when they are free.

Employers cannot dismiss employees at will, and they can only be fired if they have serious violations of discipline or regulations.

If you are not fired for any of the above actions, you can ask for financial compensation.

An employment contract is signed between the employer and the employee. This has the force of law. It can be used to protect the rights and interests of individuals, and it can also be used to protect the rights of units.

If you violate the relevant regulations of the employer, the employer can be dismissed in accordance with the labor law and the contract. But you can't just fire an employee without any reason.

If you have been treated unfairly, you can go to your local labor arbitration department and ask for a settlement.

If not, you can sue in court.

Of course not, we all signed a labor contract when we joined the company, and the labor contract also has a certain protective effect on the employee, and if the employee does not make any mistakes, the employer dismisses the employee, and it is necessary to compensate.

No. The dismissal of employees must strictly comply with the legal procedures, otherwise it will be illegal termination and financial compensation will be paid.

Article 87 of the Labor Contract Law of the People's Republic of China, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Definitely not, the dismissal of an employee is in accordance with the labor law, such as the expiration of the contract, to terminate the contract, to compensate according to the labor law, if the unit believes that the employee is unqualified can terminate the contract, the same to compensate, and some circumstances can not be dismissed, such as pregnancy, serious illness, etc.

Employers also need to employ employees in accordance with certain rules and regulations, and must comply with the labor law, and cannot dismiss employees at will.

The employer cannot dismiss the employee arbitrarily, and even if the employee is dismissed, it needs to pay the employee compensation.

Various laws and policies clearly stipulate that employers cannot arbitrarily dismiss employees, but in reality, casual dismissal often occurs. Policies simply cannot be implemented.

If the employee is not at fault.

Especially gross negligence.

Or it is that there is no violation of the company's rules and regulations.

Companies can't just fire employees.

I don't think employers can just fire employees for them. In the case that your studio is not afraid to make mistakes while you are working, well, no.

Enterprises cannot dismiss employees casually.

Article 21 of the Labor Law [Termination of Labor Contract during the Probationary Period] During the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] 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 employer's rules and regulations;

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 not effective 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.

Expansion of sales materials

Case: Tan worked in a quality inspection unit and signed an indefinite labor contract with the unit, agreeing on a monthly salary of 2,000 yuan, but the unit has not paid unemployment insurance premiums for Tan. Later, Tan found out that she was pregnant.

The unit verbally informed Tan not to come to work again on the grounds of insufficient funds.

Subsequently, Tan sent a "Letter of Appeal for Resumption of Work" to the employer on the grounds that the employer was not allowed to terminate the labor contract during pregnancy, but the latter never gave a reply. After the trial of the case, the court ruled that the unit should pay Tan 10,000 yuan in compensation for the illegal termination of the labor contract and 10,000 yuan in compensation for the economic loss of unemployment insurance.

In this case, the parties established an employment relationship from the date of employment. The indefinite-term labor contract signed by both parties is the true expression of the intention of both parties and is legal and valid. The employer dismissed Tan without legal reasons, and after Tan informed him in writing that he was pregnant and asked to resume work, the employer still did not take remedial measures, which constituted an illegal termination of the labor contract.

The trial judge pointed out that in accordance with the provisions of the Labor Contract Law of the People's Republic of China, if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the prescribed economic compensation standard.

In addition, the employer illegally terminated the labor contract and caused Tan to lose his job, and he did not pay unemployment insurance premiums for Tan before that, resulting in Tan not being able to enjoy unemployment insurance benefits. Therefore, the unit should also compensate Tan for losses according to the standard of twice the unemployment insurance money.

The employer cannot dismiss the employee casually, otherwise it will compensate the employee for the loss or report it to the labor bureau.

Of course not. If you want to fire employees if there is a recession this year, you must make reasonable compensation.

The employer shall not dismiss the employee without cause, and the employee may be dismissed under any of the following circumstances: 1. The employee does not meet the employment conditions during the probationary period; 2. Violating the company's system; 3. Causing damage to the company; 4. Signing labor contracts with other high-quality employers, affecting their own work; 5. Be investigated for criminal responsibility; 6. Other circumstances stipulated by law.

Labor Contract Law of the People's Republic of China

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 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) Due to this Act.

Labor Contract Law of the People's Republic of China

Article 26.

The labor contract is invalid due to the favorable circumstances specified in Item 1 of the first paragraph;

6) Those who have been pursued for criminal responsibility in accordance with law.

The employer may not punish the employee casually, if the fruit is caused by personal gross negligence to the unit, the employer can claim compensation, but it cannot exceed 20% of the monthly salary. In case of illegal dismissal, the person concerned can claim compensation. If the employer dissolves or terminates the labor contract in violation of the provisions of the Labor Contract Law, 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. According to 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) 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 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; 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 Article 87 of this Law. Article 50 An employer shall, upon dissolution or termination of a labor contract, issue a certificate of dissolution or termination of the labor contract, and go through the formalities for the transfer of the worker's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover. The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 80 Where an employer's rules and regulations directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give it a warning; If any damage is caused to the worker, he shall be liable for compensation. Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law. Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

The employer unilaterally terminates the labor contract with the employee, and the employee Zhongqiao can choose to continue to perform the contract, that is, continue to work, and second, he can require the employer to pay double the compensation, and the compensation standard is two months' wages after one year of service.

Article 39 of the Labor Contract Law: The employer may terminate the labor contract if the employee has one of the circumstances listed in the list of dismissals: (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 damage to the employer;