How to dismiss the company s cleaning if it can t complete its job responsibilities

If the job responsibilities cannot be completed after training or job adjustment, the contract can be terminated with 30 days' written notice or additional payment of one month's salary. Therefore, if the contract is terminated, one month's salary and economic compensation shall be paid to the cleaner according to the number of years of service of the unit.

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:

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

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

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

If a cleaner is dismissed, if he is dismissed without cause, and he has signed a contract and paid insurance, then the employer must bear the compensation.

First, there is no right to transfer to a branch in another location, and the six basic conditions of the labor contract can only be transferred if both parties agree to it, otherwise the company will lose the arbitration. Second, from your description, the cleaning aunt was negligent, but whether the hall violated the company's relevant regulations and met the dismissal standard is a question. In this regard, the time to challenge the enterprise management system has come, first of all, your company issued a document or regulations clearly stating what behavior is a major violation can be dismissed, there must be relevant terms, so that you can be dismissed, don't worry, and if you are not competent for the job, you have to transfer a post, say big sister, you can't sweep the floor, you can watch the door, if you can't watch the door, this can be dismissed.

Second, the precondition is that the issuance of documents and other regulations must be formally approved by the company, and some companies must be sealed by the labor union to be effective (this article depends on the mood of the local arbitrator). Understand, if the company is not meticulously managed, it will be passive, which is also the original intention of national legislation. Hehe, the vernacular answer style comes from "Those Things in the Ming Dynasty".

There must be regulations on the company's system, and at the same time, the severity of the company's regulations must be reached before dismissal.

In addition, employees are not allowed to be transferred out of their jobs at will, such as to other branch companies, and if they are transferred to other cities according to the labor law, they also need to pay economic compensation if they resign.

It's not easy, if you want to be dismissed on the grounds of incompetence, you must provide evidence to prove that you are incompetent, and you have to be transferred after being incompetent, and you can only be relieved if you are still incompetent after being transferred. I reckon you will have a hard time adducing evidence.

For cleaning services, more detailed cleaning standards and operating procedures should be formulated and the operator should be asked to sign for confirmation, and he should also be required to sign and confirm other company regulations, and the decision to terminate can only be made in case of serious violations.

Legal analysis: As long as there is an unexpired labor contract and the employee is dismissed, the basic salary compensation will be one month per year according to the working years of the labor contract.

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 employer's rules and regulations 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 expiration of the prescribed medical treatment period;

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.