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According to Article 37 of the Teachers Law of the People's Republic of China, if a teacher has any of the following circumstances, his school, other educational institutions or administrative departments have the right to dismiss him: a. Deliberately failing to complete education and teaching tasks, causing losses to education and teaching work; b. Corporal punishment of students, who do not change after education; c. Bad conduct, insulting students, and having a bad impact. According to Article 3 of the Guizhou Provincial Regulations on Teachers, in addition to the above-mentioned circumstances, teachers who neglect their duties in national education examinations, engage in malpractice, or collect fees from students or solicit property from students' parents in violation of regulations, may also dismiss teachers if they do not change their duties after education.
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Teachers may be dismissed from employment if they intentionally fail to complete their educational and teaching tasks and cause losses to education and teaching work, if they punish students corparily, if they do not change after education, if they have bad conduct, if they insult students, if they have a bad impact, if they are deprived of political rights, or if they intentionally commit a crime and receive a criminal punishment of fixed-term imprisonment or higher.
Article 37 of the Teachers Law: In any of the following circumstances, teachers are to be given administrative sanctions or dismissed by their schools, other educational establishments, or administrative departments for education.
1) Intentionally failing to complete education and teaching tasks, causing losses to education and teaching work;
2) Corporal punishment of students, who do not change after education;
3) Bad conduct, insulting students, and having a bad impact.
Where teachers have any of the circumstances listed in items (2) and (3) of the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
Article 14: Those who have been deprived of political rights or who have intentionally committed a crime and received a criminal punishment of fixed-term imprisonment or higher must not obtain teaching credentials; Those who have already obtained teaching qualifications shall lose their teaching qualifications.
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If it is a business establishment, it will be decided by the Education Bureau. If it is a private school, it is up to the school to decide.
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Now that the teacher realizes the appointment system, the individual does not work hard, the Education Bureau has the right to dissolve with him, and the parties can apply for labor arbitration or sue the court according to law if they are not satisfied!
The principle of dismissal.
1.Evidence-based.
There must be a reason for the dismissal of employees, and the kind of enterprise that disposes of employees casually will never get employees who think about the company wholeheartedly. Only by relying on facts can the dismissed employees be convinced, and other employees will not be affected.
2.Decent. Today's modernization is a win-win era, and when dismissing employees, we should also fully consider the dignity of the dismissed employees, reduce the unhappiness caused by dismissal, and also reduce the potential threat to the enterprise.
3.Resolute. Be brave enough to take a stand and not beat around the bush.
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Legal analysis: the teacher is not dismissed, if the teacher has a major violation of law and discipline, the punishment can not be solved, then the school will terminate the employment relationship, the next is the Education Bureau will work with the Human Resources and Social Security Bureau to issue an administrative letter of introduction, reduce the number of people in the notice, the preparation department to handle the formalities, the Finance Bureau to stop paying, cut off the social security pension, transfer out the file.
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 An employee may terminate a labor contract under any of the following circumstances:
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 an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract 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.
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Legal Analysis: Teachers can be dismissed when they punish students, do not change after education, and have bad conduct.
Legal basis: "Teachers Law of the People's Republic of China" Article 37: In any of the following circumstances, teachers are to be given administrative sanctions or dismissed by their schools, other educational institutions, or administrative departments for education:
1) Intentionally failing to complete education and teaching tasks, causing losses to education and teaching work;
2) Corporal punishment of students, who do not change after education;
3) Bad conduct, insulting students, and having a bad impact.
Where teachers have any of the circumstances listed in items (2) or (3) of the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
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According to the Law on Teachers of the People's Republic of China.
Article 37 stipulates that if a teacher has any of the following circumstances, his or her school, other educational institutions or administrative departments have the right to dismiss him/her: a. Deliberately failing to complete the education and teaching tasks, causing losses to the education and teaching work; b. Corporal punishment of students, who do not change after education; c. Bad conduct, insulting students, and having a bad impact.
According to Article 3 of the Guizhou Provincial Regulations on Teachers, in addition to the above-mentioned circumstances, teachers who neglect their duties in the national education examination, engage in malpractice, or collect fees from students or solicit property from students' parents in violation of regulations, may also be dismissed if they do not change after education.
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1) Deliberately failing to complete the task of teaching Suigao He Yujiao and learning and causing losses to education and teaching; (2) Corporal punishment of students, who do not change after education; (3) Bad conduct, insulting students, and having a bad impact. These are the three situations stipulated in Article 37 of the Teachers Law.
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Teachers with a staffing will not be dismissed lightly. Unless the teacher has seriously violated the discipline of the school or the laws of the country. If a teacher is dismissed and is not satisfied, he or she may file a complaint with the competent department of education at the place where the school is located, or apply for a job transfer or transfer to another school.
Moreover, the school does not have the right to dismiss a teacher on the staff, but it can apply for his or her transfer. Teachers are also state cadres, and as long as there are no serious violations of law and discipline, they will not be dismissed if they have violated the criminal law.
Article 37 of the Teachers Law of the People's Republic of China: In any of the following circumstances, teachers are to be given administrative sanctions or dismissed by their schools, other educational institutions, or administrative departments for education. 1) Intentionally failing to complete education and teaching tasks, causing losses to education and teaching work; 2) Corporal punishment of students, who do not change after education; 3) Bad conduct, insulting students, and having a bad impact. Where teachers have any of the circumstances listed in items (2) or (3) in the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.
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