Is it illegal for the company to fabricate reasons for dismissal?

If there is no economic compensation for resignation, and if there is economic compensation for dismissal, then it is not that you want to terminate the labor contract, but that the employer wants to terminate the labor contract. If there is no legitimate reason, compensation should be paid in accordance with Article 87 of the Labor Contract Law. Go and get your resignation report back so you don't leave evidence for the employer.

It is recommended that you read the "Labor Law", "Labor Contract Law" and "Regulations for the Implementation of the Labor Contract Law", so that you can know what aspects the employer has violated your rights and interests, and only then can you more comprehensively protect your legitimate rights and interests, which will benefit you for a lifetime.

Even if he can be held personally responsible, it is just a request for him to apologize to you in person and eliminate the bad influence. However, is it cost-effective to have to bear the cost and energy incurred by yourself through civil litigation? Don't dwell on these personal grievances, but be realistic.

If you are fired during the contract period, you can ask for financial compensation, but if you resign yourself, there is no compensation, so you can tell you that you understand? What you have to do is to take that announcement as evidence, if the company does not give you dismissal compensation, use this evidence to go to labor arbitration, and you will win. Rest assured, a failure to follow the normal procedures is not enough to legally dismiss the conditions.

Legal analysis: The circumstances of illegal termination of labor contracts by units are as follows:

1. The law clearly stipulates that the labor contract shall not be terminated, but the employer shall forcibly terminate it.

2. The employer terminates the labor contract when the conditions prescribed by law are not met.

3. The procedures for terminating the labor contract of the employer do not comply with the provisions of the law.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the employee falls under any of the following circumstances: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and being confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked continuously for 15 years in the unit and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

According to the relevant laws of the People's Republic of China, if the employer finds that the employee does not meet the employment requirements during the probationary period, it has the right to terminate the employment contract. So, does it mean that the employer believes that the employee can be dismissed at any time if he or she fails to pass the assessment during the probationary period? 1. Conditions for Legal Dismissal of the Employer during the Probationary PeriodThe probationary period is a period of assessment of whether the employer hires the employee, and according to the provisions of the Labor Contract Law, the employer may dismiss the employee if it proves that the employee does not meet the employment requirements during the probationary period.

So, does this mean that the employer can dismiss the employee at any time because he or she does not meet the employment requirements during the probationary period? The answer is clearly no. Because, according to the regulations, the probationary period includes the bright infiltration in the labor contract, so during the probationary period, if the employer proposes to terminate the labor contract, it is also required to meet the statutory conditions for terminating the contract-1

Proven ineligible for employment during the probationary period; 2.Serious violation of the rules and regulations of the employer; 3.Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer; 4.

The worker establishes labor relations with other liquid dust employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer. In addition, if the employee is sick or injured during the probationary period, he or she cannot perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; If the employee is not qualified for the job and is still incompetent after training or job adjustment, the employer may also terminate the labor contract, but must notify the employee in writing 30 days in advance or pay an additional month's salary. In addition, the employer shall not dismiss the employee during the probationary period, otherwise it will have to pay compensation.

Article 37 of the Contract Labor Law clearly stipulates that "an employee may terminate the labor contract by notifying the employer three days in advance during the probationary period".

Article 42 of the Labor Contract Law of the People's Republic of China An employer shall not terminate a labor contract in accordance with the provisions of Articles 40 and 41 of this Law under any of the following circumstances: (1) The worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or is suspected of being an occupational disease patient during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work and being attacked and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.

Legal Analysis: The circumstances of illegal termination of labor contracts by the unit are as follows:

1. The law clearly stipulates that the termination of employment shall not be made at the same time as the employer's forced termination.

2. The employer terminates the labor contract when the conditions prescribed by law are not met.

3. The procedures for terminating the labor contract of the employer do not comply with the provisions of the law.

Legal basis: Article 42 of the Labor Contract Law of the People's Republic of China If a worker falls under any of the following circumstances, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law: (1) the worker engaged in work that is exposed to occupational disease hazards has not undergone a pre-departure occupational health examination, or the suspected occupational disease patient is during the period of diagnosis or medical observation; (2) Suffering from an occupational disease or being injured at work in the unit and confirmed to have lost or partially lost the ability to work; (3) Illness or non-work-related injury, within the prescribed period of medical treatment; (4) Female employees are pregnant, giving birth, or breastfeeding; (5) Those who have worked in the unit for 15 consecutive years and are less than five years away from the statutory retirement age; (6) Other circumstances provided for by laws and administrative regulations.