Is it legal for the company to add a sentence when signing the labor contract that you can be dismis

Illegal. After the application period, the performance company has known that you are competent for the job, if you are not competent for the job, the company can adjust the position, but you cannot be dismissed at any time. If you are still incompetent after being transferred, you can be dismissed after negotiation, but your salary will be supplemented. At least for a month.

Article 16 The labor contract shall be agreed upon by the employer and the worker through consultation, and shall be signed or sealed by the employer and the worker on the text of the labor contract.

The employer and the employee shall each hold one copy of the labor contract.

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

These provisions are the original text of the provisions of the Labor Contract Law, and you can understand it when you look at it. You'd better read the Labor Contract Law.

If it is not legal, and the company does not add anything, it must be valid under national law.

If you do want to be dismissed, you must give one month's notice and be compensated according to the labor law.

Labor contracts shall be established under the principles of equality, voluntariness and consensus.

If you think that the conditions for the establishment of the employer do not match, you can negotiate with the employer to adjust, and if the negotiation fails, you can refuse to sign the labor contract; If you refuse to sign a labor contract, the employer shall dismiss you in accordance with the law, which is legal, reasonable and reasonable.

If you have already done your work, the employer shall pay you for the hours you worked when you dismiss you.

Legal basis: Regulations for the Implementation of the Labor Contract Law

Article 5 If a worker does not conclude a written labor contract with the employer within one month from the date of employment, the employer shall notify the worker in writing to terminate the labor relationship, and shall not be required to pay economic compensation to the worker, but shall pay the worker remuneration for his actual working time in accordance with the law.

Article 6 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall, in accordance with the provisions of Article 82 of the Labor Contract Law, pay the employee twice the monthly salary and conclude a written labor contract with the employee; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for the employer to pay twice the monthly salary to the employee as provided for in the preceding paragraph is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is supplemented.

Labor Contract Law

Article 3 [Basic Principles] 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 26 [Invalidity of Labor Contract] The following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 27 [Partial Invalidity of Labor Contract] If the labor contract is partially invalid and does not affect the validity of the other parts, the other parts shall remain valid.

Article 28 [Payment of Labor Remuneration after the Labor Contract is Invalid] If the labor contract is confirmed to be invalid and the worker has already paid the labor, the employer shall pay the labor remuneration to the employee. The amount of labor remuneration shall be determined with reference to the labor remuneration of workers in the same or similar positions in the same or similar position in the rock demolition unit.

During the term of the labor contract, or if the employer unilaterally terminates the labor relationship without reason due to the termination of the labor contract, the employee may be entitled to two months' wages for each full year of service. If the file has not been registered for more than six months for one year, it shall be calculated as one year; If it is less than six months, economic compensation of one month's salary shall be paid to the person who is in the labor belt. If the employer fails to pay compensation in accordance with the regulations, it can apply for labor arbitration to claim its rights.

It is estimated that this situation will bear the adverse consequences of destroying the skin.

This is because the termination of the labor contract requires the employer to have corresponding rules and regulations, such as asking a question that the quiet matter should be an occasional and temporary situation of the unit, and it is basically unlikely that there will be rules and regulations.

The company's requirement to add a sentence when signing the labor contract that the employee can be dismissed at any time if he is incompetent for the job violates Article 40 of the Labor Contract Law, which stipulates that "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: (2) the worker is incompetent for the job, and the worker is still incompetent for the job after training or job adjustment", which infringes upon the legitimate rights and interests of the employee. is unacceptable.

The rules are the requirements of the company, and you have to make your own decisions.

If an employer dismisses an employee who is incompetent for the job, it needs to first train or adjust the employee's position, but if he is still unable to do the job, the employer may terminate the labor contract and pay the employee severance payment, which is one month's salary for one year of service.

If the employer directly terminates the labor contract on the grounds that it is incompetent for the job without training or job adjustment, it is an illegal termination, and the employee shall be paid compensation at the standard of two months' salary for one year of service.

Labor Contract 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.

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

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.

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 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.

Compensation is required for the dismissal of regular employees, except for major violations, etc., but if you do not want to compensate, the employee is generally transferred or the salary is reduced to make him leave the company voluntarily.

If you want to give, there are labor law injuries.

If the company dismisses you without a legitimate reason, it is illegal to terminate the labor contract, and you shall pay 2 months' salary as compensation for each year of service. The salary scale is calculated based on your average salary for the 12 months prior to your departure.

If the company has illegal reasons such as arrears of wages or deduction of wages, or unilateral transfer of your position or reduction of your salary, you can be forced to resign or indeed have difficulties in production and operation to terminate the company, and there is compensation, and one month's salary will be compensated for each year of work.

At the same time, you can ask the company to settle the full salary.

If the company negotiates with you to terminate the employment contract, you shall pay one month's salary for each year of service as compensation.

If an employee voluntarily resigns, there is no severance payment.

Simple and straightforward complex.

Proposed on the grounds of competence.

If the contract is terminated, it is necessary to give 30 days' written notice or pay an additional month's salary. At the same time, you will be paid financial compensation. The compensation is one and a half months' salary.

2. If you think that the unit's reasons are not valid and it is illegal to terminate the contract, you can apply for arbitration to request the unit to revoke the decision to terminate the contract and continue to perform the contract. or do not require performance, and require the employer to pay compensation for illegal termination of the contract, that is, twice the economic compensation, that is, one month's salary.

It is recommended to refer to Articles 40, 46 and 87 of the Labor Contract Law. I won't quote it.

If the company fires you, you can get compensation equivalent to one month's salary. It's better to have the company fire you than to cause you to quit yourself. If you quit your job on your own, it will be difficult to get compensation.