What are the conditions for the dismissal of employees by state owned enterprises, and what should t

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 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.

There are no conditions, if the employee has not violated the laws and regulations or violated the rules and regulations of the employer, the employer cannot dismiss the employee, and you can call for detailed consultation.

The specific conditions for the dismissal of employees by state-owned enterprises include 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 heavy losses 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 after being proposed by the employer.

Legal basisArticle 14 of the Civil Servants Law of the People's Republic of China.

Civil servants shall perform the following obligations:

1) Be loyal to the Constitution, abide by and conscientiously uphold the Constitution and laws in an exemplary manner, and conscientiously accept the leadership of the Communist Party of China;

2) To be loyal to the country and to safeguard the security, honor and interests of the country;

3) Be loyal to the people, serve the people wholeheartedly, and accept the people's supervision;

4) Be loyal to their duties, be diligent and conscientious, obey and implement the decisions and orders made by their superiors in accordance with the law, perform their duties in accordance with the prescribed authority and procedures, and strive to improve the quality and efficiency of their work;

5) Keeping state secrets and work secrets;

6) Take the lead in practicing the Core Socialist Values, upholding the rule of law, abiding by discipline, abiding by professional ethics, and exemplary compliance with social and family virtues;

7) Be honest and honest, fair and upright;

8) Other obligations provided for by law.

Article 15. Civil servants have the following rights:

1) Obtain the working conditions that should be available for the performance of duties;

2) Not to be dismissed, demoted, dismissed, or sanctioned for reasons other than for legally-prescribed reasons or through legally-prescribed procedures;

3) Receive wages and remuneration, and enjoy benefits and insurance benefits;

4) Participate in training;

5) To make criticisms and suggestions on the work of organs and leading personnel;

6) Filing complaints and accusations;

7) Application for resignation;

8) Other rights provided for by law.

The conditions for dismissal of employees by state-owned enterprises are as follows:

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 heavy losses 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 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. Being pursued for criminal responsibility in accordance with law.

Legal basisArticle 39 of the Labor Contract Law of the People's Republic of China.

Unilateral termination of the labor contract by the employer (negligent 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; Change.

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.

Of course, employees can be dismissed, as long as the employee violates relevant laws and regulations, the employee can also be dismissed.

According to the Labor Reputation Contract Law of the People's Republic of China, an employer may dismiss an employee in accordance with the law. The circumstances under which an employee can be dismissed are: the employee has committed a violation of laws, regulations, or labor contracts; Employees are strictly instructed to violate the rules and regulations of the enterprise; The employee is seriously derelict in his or her duties, constituting a violation of discipline and law; The employee's work performance seriously does not meet the requirements of the position; Employees seriously abuse their colleagues; Employees cause significant losses to the enterprise; Other circumstances that require the approval of a legally-prescribed authority.

According to labor regulations, state-owned enterprises can formally dismiss employees after mediation or litigation procedures.

According to the provisions of China's law, if the reason for the dismissal of an employee by a state-owned enterprise is due to the failure of the employee itself, it does not need to pay economic compensation, and if it is because of the state-owned enterprise itself, it is necessary to pay economic compensation to the employee.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and the standard of 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 46 of the Labor Contract Law of the People's Republic of China In case of any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

During the probationary period, an enterprise that does not comply with the employment regulations, seriously violates the rules and regulations of the employer, seriously derelicts its duties, commits malpractices for personal gain, and causes major damage to the employer can dismiss the employee.

Legal analysisDismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee for some reason. According to the different reasons, it can be divided into disciplinary dismissal and normal dismissal. Dismissal for violation of discipline refers to an administrative measure taken by an employer to forcibly terminate the labor relationship in accordance with the law against an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not reached the level of dismissal or removal.

Employees who do not perform the leave procedures in accordance with the regulations and do not attend work on time are the definition of absenteeism. Absenteeism is intolerable to any enterprise, because the enterprise pays labor remuneration and buys the full attendance of employees, and the employee is absent without reason, which violates the labor discipline of the enterprise and may also bring damage to the enterprise. If an employee establishes an employment relationship with another employer at the same time, causing serious damage to the work tasks of the employer, or refuses to make corrections after being proposed by the employer, the termination of the employment relationship with the employee on the grounds that the employee has seriously violated the rules and regulations of the employer, it can be called dismissal, and if the employee's absenteeism causes losses to the employer, the employer has the right to claim compensation from the employee.

Legal basisLabor 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) it is proved that he 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; (4) The worker establishes a premature labor relationship with another employer 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 of state-owned enterprises cannot be fired if they have a work brother who is injured. According to the law, if the employer suffers from an occupational disease or is injured at work and is confirmed to have lost or partially lost the ability to work, the employer shall not terminate the labor contract. SOEs are also employers and are also required to comply with this provision.

Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee may terminate the 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.