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In addition to the following reasons, the reasons for unreasonable dismissal of the employee are all grounds: (1) the employer and the employee have reached an agreement through consultation; (2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer; (4) The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the employer; (5) 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; (6) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions; (7) The worker is investigated for criminal responsibility in accordance with law; (8) 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; (9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment; (10) 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; (11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employer has serious difficulties in production and operation; (13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (14) 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.
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Unreasonable dismissal is called unreasonable because there is no valid reason!
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1. The temperament does not conform to the company's image 2. There is not enough understanding of the company's philosophy 3. Unable to undertake and complete sufficient quality work.
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Compensation needs to be paid to the employee
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Legal analysis: According to Article 25 of the Labor Law, the employer may terminate the labor contract at any time under the following circumstances:
During the probationary period, it is proved that they do not meet the employment requirements; 2.Serious violation of labor discipline or the employer's rules and regulations; 3. Serious dereliction of duty or malpractice for personal gain, causing major damage to the interests of the employer; 4.Those who have been pursued for criminal responsibility in accordance with law; 5.
Sentenced to re-education through labor. Legal basis: "Labor Contract Law of the People's Republic of China" 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 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.
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The following conditions must be met for the dismissal of an employee: the employee uses fraud, coercion or taking advantage of the danger of the employee to cause the employer to conclude or modify the labor contract contrary to its true intentions; The worker is seriously derelict in his duties, engages in malpractice for personal gain, and causes major damage to the employer; During the probationary period, the worker is proved to be ineligible for employment; Other.
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 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 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;
6) Those who have been pursued for responsibility for criminal matters in accordance with law.
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In recent years, with the intensification of competition in the job market, some employers often use some strange reasons and methods of dismissal in order to pursue higher interests and efficiency, which brings great distress and harm to employees. Here are some weird reasons for dismissal.
First, dismissal due to image issues. In some service industries, such as service attendants, flight attendants, etc., personal image and appearance are considered very important factors. As a result, some employers may dismiss employees because their image does not meet the company's requirements.
For example, because the chest size is not appropriate, the hair color does not meet the company's standards, etc.
Second, dismissal for making boring "mistakes". Some employers will find very boring reasons for terminating employees, such as being a few minutes late for work, making a minor mistake, or accosting a colleague. These reasons are clearly not justified in terminating an employee, but they often leave the employee feeling humiliated and unfair.
Third, dismissal because of excessive speech. In today's increasingly popular social networking, employees' remarks on the Internet may be used by employers to evaluate employees' work performance. However, due to the existence of free speech, what an employee says online should not be grounds for dismissal.
But some employers still fire employees for overstatement.
Fourth, dismissal due to physical problems. Some employers may dismiss employees because they have certain physical diseases, such as cancer, blindness, deafness, etc. This kind of behavior is completely inconsistent with the basic moral and legal requirements of human beings, and it is also the greatest disrespect and harm to employees.
In short, the strange reasons and methods of dismissal not only make employees feel unfair and humiliated, but also have a negative reputation and image for the employer. Therefore, when dismissing an employee, the employer should strictly abide by professional ethics and laws and regulations, respect the legitimate rights and interests of the employee, and be fair and fair.
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Here are a few examples:
1.A Japanese woman was fired for taking too long to go to the toilet during working hours.
2.A British man was fired for seeing **** in the company, but in fact he just received a spam email containing ****.
3.An American company was once fired for an employee who slept during his lunch break, even though the employee had been doing a good job.
4.A Canadian woman was fired for making inappropriate remarks on social **.
In short, some companies have strange and even incomprehensible reasons for dismissal. For these unreasonable dismissals, victims can protect their rights and interests through legal channels.
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Here are some of the weird reasons I've seen for dismissal:
1. "Inappropriate facial expressions": In some industries, especially in the service industry, employers may require employees to maintain friendly, positive facial expressions in order to provide better customer service. However, some employers may find certain employees' facial expressions "inappropriate" and choose to fire them.
2. "Inappropriate dressing": Similarly, some employers may be very strict with their employees' dress code. If an employee does not meet these requirements, such as dressing too modestly or too revealingly, they may be fired.
3. "Too talented": While this may sound incredible, some employers may choose to fire an employee because they feel threatened by the fact that they are too talented.
4. "Not long enough": In some countries and regions, some employers may choose to fire a sail shirt employee because they are too old or too long, so they can find younger and more energetic employees.
5. "Too high-profile": Some employers may have high expectations for their employees' external behavior and image. If an employee is socially too high-profile or engages in certain unwelcome behaviors outside of work, they may be fired.
It is important to note that these grounds may be illegal or contrary to labor laws, depending on the specific laws and regulations of the country or region.
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Grounds other than the following grounds are grounds for unreasonable dismissal:
1) The employer and the employee reach an agreement through consultation;
(2) The worker is proved to be ineligible for employment during the probationary period;
(3) The worker seriously violates the rules and regulations of the employer;
(4) The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the employer;
(5) 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;
(6) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions;
(7) The worker is investigated for criminal responsibility in accordance with law;
(8) 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;
(9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment;
(10) 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;
(11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law;
(12) The employer has serious difficulties in production and operation;
(13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode;
(14) 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.
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