Will three major demerits automatically terminate the labor contract?

If an employee has three major demerits, the employer may define the employee as seriously violating the rules and regulations of the employer or labor discipline, and the employer may terminate the labor contract with the employee in accordance with Article 39 of the Labor Contract Law, and is not required to pay severance to the employee.

Labor Contract Law

Article 4 Employers shall establish and improve labor rules and regulations in accordance with the law to ensure that workers enjoy labor rights and perform labor obligations.

When an employer formulates, amends, or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline, and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.

In the process of implementing the rules and regulations and decisions on major matters, if the trade union or employees deem it inappropriate, they have the right to propose it to the employer and revise and improve it through consultation.

The employer shall publicize or inform the employee of the rules and regulations and decisions on major matters that directly affect the vital interests of the employee.

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.

Look at the signed labor contract or whether there are any pre-existing regulations in the company's rules and regulations.

Specifically, it depends on the labor contract and the rules and regulations of the unit you have signed before.

If the termination of the labor contract three times is a serious violation of the rules and regulations of the employer, the employer may unilaterally terminate the labor contract, which is legal. In addition, it is lawful for the employer to unilaterally terminate the labor contract under any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been pursued for criminal responsibility in accordance with law; During the probationary period, it is proved that they do not meet the employment requirements; Other.

1. Is there any provision for resignation under the Labor 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 labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

2. Can an employee with serious negligence request to terminate the labor contract?

If the employee causes significant damage to the employer due to the employee's serious dereliction of duty, the labor contract can be terminated. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Those who have been pursued for criminal responsibility in accordance with law; During the probationary period, it is proved that they do not meet the employment requirements; Serious violations of the rules and regulations of the unit, etc.

3. Whether the unit can terminate the contract at will during the probationary period.

During the probationary period, the unit cannot terminate the contract at will. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: the employee is investigated for criminal liability in accordance with the law; During the probationary period, it is proved that they do not meet the employment requirements; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Serious violation of the rules and regulations of the employer; Other.

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

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;

4) The worker establishes a labor leakage and collapse relationship with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, 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.