Can a complaint from someone in the employer be used as a reason for dismissal?

If the complaint is found to be true after investigation and the employee seriously violates the rules and regulations of the employer, the employer may terminate the employment contract on this ground.

If an employer dismisses an employee who is suspected of illegally terminating a labor contract without cause, the employee may apply for labor arbitration and claim economic compensation if there is no circumstance under Article 39 of the Labor Contract Law.

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 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee 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 of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned 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 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 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 provided for in Article 47 of this Law.

1. According to the nature of the enterprise, it can be regarded as a serious fault for employees to be complained by customers.

2. The unit does not need to pay economic compensation to the employee if the employee is dismissed because of the employee's serious fault.

Legal analysis: Employees can apply for labor residual arbitration to protect their rights due to disputes between labor relations and employers. You can file a complaint with the Labour Inspectorate.

1. When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. Specific instructions: First, if an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation.

Second, if an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. Third, the unit needs to pay economic compensation for the economic layoffs and dismissal of employees. Fourth, if the employee seriously violates the company's discipline, the unit does not need to pay compensation.

Fifth, there is no financial compensation for dismissal during the probationary period because they do not meet the employment requirements.

Legal basis: Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances: (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) 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 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.

Employees who are dismissed without cause can complain and report to the local labor inspection department, or they can directly apply for labor arbitration.

During the performance of the labor contract, the employer cannot dismiss the employee without reason, and the company can only dismiss the employee if it meets the statutory conditions and procedures, otherwise the company needs to pay compensation to the employee. The compensation is calculated according to the employee's salary of two months after one year of service in the employer. If the worker's working years are more than six months but less than one year, it shall be calculated as 2 months, and if the working years are less than 6 months, it shall be calculated as 1 month.

The monthly wage is calculated based on the average wage of the employee in the 12 months prior to the termination of the employment relationship.

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 conditions;

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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections as soon as possible after being proposed by the employer;

5. The labor contract is invalid due to circumstances prescribed by law;

6. Being pursued for criminal responsibility in accordance with law.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations. Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Legal analysis: If an employee is dismissed by the employer without cause, he or she may request the labor dispute mediation committee to mediate the dispute, or apply to the labor arbitration commission for labor arbitration, and if he is not satisfied with the arbitration award, he can also file a labor dispute lawsuit with the people's court.

Legal basis: Article 5 of the Labor Dispute Mediation and Arbitration Law of the People's Republic of China In the event of a labor disturbance dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

Article 77 of the Labor Law of the People's Republic of China In the event of a labor dispute between an employer and an employee, the parties may apply for mediation, arbitration, file a lawsuit, or resolve it through negotiation in accordance with the law. The principles of conciliation apply to both arbitration and litigation proceedings.

Article 79 After a labor dispute arises, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.