If you sign a labor contract and the company is ready to dismiss the person, can t you fire the comp

Yes, you can't get compensation in this way, you can see if the company has done anything to violate your labor contract, and complain to him and ask him to negotiate terms with you.

The company can also unilaterally dismiss an employee after the labor contract has been signed, as long as the statutory conditions are met, for example, after signing the labor contract, the employer finds that the employee does not meet the company's employment conditions, or the employee seriously violates the company's rules and regulations in the course of work, and the employee is investigated for criminal liability.

What are the circumstances under which an employee can be dismissed if the company is not at fault?

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 expires;

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.

What are the behaviors of the company, and what kind of employees can leave their jobs unilaterally?

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 statutory circumstances;

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.

For example, if an employee suddenly falls ill during the performance of the employment contract and cannot engage in any work arranged by the employer after the expiration of the medical treatment period, the employer will not bear any legal responsibility after the termination of the employment contract, as long as the employer notifies the employee in writing one month in advance, and does not bear any legal responsibility after terminating the labor contract.

Legal basis

Labor Contract Law of the People's Republic of China

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 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.

For contract workers, you cannot dismiss them at any time, otherwise the employer will be liable for breach of contract. Unless the employee has seriously violated the company's rules and regulations, or violated the law. , the employer can dismiss the employee at any time without compensation.

When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for dismissal. Please specify:

First, if an employee is dismissed without cause, the employer needs to pay double the severance payment.

Second, when the contract expires and the employee is dismissed, the employer needs to pay economic compensation.

Third, the economic situation of the unit is that the layoff and dismissal of employees need to pay economic compensation. Fourth, if the employee seriously violates the company's discipline, the unit does not need to compensate.

on the standard of compensation for dismissal in the labor law;

Article 47 Economic compensation shall be paid according to the number of years of service for the worker, and one month's salary shall be paid 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, half a month's salary shall be paid to the worker.

If the monthly wage of a worker is three times higher than the average monthly wage of the worker in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard for paying severance to the worker shall be three times the average monthly wage, and the period for paying severance to the worker shall not exceed 12 years.

The term "monthly wage" as used in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

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.

Legal analysis: Employees cannot be dismissed casually after signing the contract, and must comply with the provisions of the law. The dismissal of employees must strictly comply with the legal procedures, otherwise it is illegal to terminate and need to pay compensation for the dismissal.

Legal basis: Labor Contract Law of the People's Republic of China

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment of Duan Qing. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

If an employer dismisses a worker without cause, it shall pay double the amount of severance paid. That is, for every year of service, the employer should pay two months' salary as financial compensation.

Article 26 of the Regulations on the Supervision of Labor and Social SecurityIf an employer commits any of the following acts, the labor and social security administrative department shall order the employer to pay the employee's wages and remuneration within a specified period of time, the difference between the employee's salary and the local minimum wage standard, or the compensation for the termination of the labor contract; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee according to the standard of 50% to 1 time of the amount payable: (1) Deducting or defaulting on the employee's wages and remuneration without reason; (2) The wages paid to the laborers are lower than the local minimum wage standard; (3) Terminating a labor contract without giving economic compensation to the worker in accordance with law.