Labor Law What is the format of the written notice of dismissal of an employee?

The format of the written notice of dismissal of an employee by the company is:Notice of dismissalMr. Madam:Because of the major adjustment and change of the company's business policy and business, your major, your experience and ability do not meet the requirements of the company, so please leave the company on the date of xx, xx, x

Thank you for your support and help to our company over the years. All your treatment shall be handled in accordance with national laws and regulations, our company's regulations and the provisions of the labor contract.

Limited Liability CompanyYYYYYYYYYYYYYYYYY

Mere email from the superior does not constitute a "written notice", and such notice cannot have the legal effect of the employer notifying the employee in writing to terminate the labor contract.

The so-called written document must be written or printed in the name of the unit, on tangible paper, and stamped with the official seal of the unit.

The above-mentioned mail is not sent in the name of the unit, let alone written or printed, and there is no official seal of the unit.

Based on the content of the email, it may be that your friend made a mistake and had a certain impact on the company, which will cause the company to want to fire.

1.First of all, you have to see whether your friend's behavior has brought significant economic losses to the company (or is it a crime or a crime), and whether the company's rules and regulations stipulate that the company can fire employees if they make this kind of mistake (if so, whether this rule is legal and whether your friend knows), if the answer to the previous questions is yes, then let your friend find a job as soon as possible, and there is no point in staying for half a month.

2.If it is not the previous situation, your friend plans to stay in the company or wants to fight for compensation, then do not follow the email, first negotiate with the company or wait for the company to negotiate with him. If it is the incompetent problem you described, according to the labor law, the company should train and transfer your friend, and you can only dismiss after it is useless, and the dismissal needs to be notified one month in advance and pay compensation, one month of compensation for one year, one month for six months and less than half a year, and half a month's salary for less than six months, which refers to the average income of the dismissed employee in the past 12 months (including wages, overtime pay, bonuses, etc.).

If you really want to deal with this, the company needs to show evidence that your friend is incompetent, and if you do not give one month's notice, you will have to pay an extra month's salary as compensation.

Are you sure your friend received a "written notice"?

What is the concept of a written notice?

Also, is your friend currently on probation or a full-time employee?

If the company terminates the employment relationship in this case.

Severance is payable.

You accept that it can be established, and if you do not accept it, then ask the company to give a written, incompetent can be replaced by a one-month period of wages in lieu of notice.

It is recommended that your friend determine the intention of the superior (be sure to keep the evidence), and negotiate the economic compensation, if not, you can apply for labor arbitration.

Hello. Dismissed employees need to be stamped with the company's official seal.

The notice of dismissal of the employee is written as follows:

1. The name of the worker;

2. The working years of the worker in the company, and the daily work situation;

3. The reason for the dismissal of the employee by the unit;

4. The rights and obligations of both parties after dismissal;

5. The seal and date of the unit.

1. The template of the notice of dismissal is as follows:

Notice of dismissal of the employee.

Mr. Madam:

The company will sign a labor contract with you on xx-xx-xx and appoint you to a position), and the company will start employing you on xx-xx-xx. According to the provisions of Article 1 of the labor contract signed between the Company and you, due to reasons, the Company has decided to terminate the labor contract signed with you, please leave the Company on the date of xx, xx, xx, and please actively assist the Company in handling the relevant matters of resignation. All benefits after resignation shall be handled in accordance with the regulations, and the company will handle the relevant matters in accordance with the law.

Company year, month, date.

Signature of the legal representative:

Company Seal:

2. The procedure for dismissing an employee is as follows:

1. Notify the dismissed employee;

2. Explain the reasons for dismissal;

3. Handle resignation procedures and work handover for the dismissed employees.

To sum up, the employer shall issue a certificate of dissolution or termination of the labor contract upon dissolution or termination, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. If the employer shall pay economic compensation to the employee in accordance with the law, it shall be paid at the time of the handover of the work.

Legal basisArticle 39 of the Labor Contract Law of the People's Republic of China provides that an employer may terminate a labor contract if an 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 harm to the employer.

Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

2) Which Lu Xian is the subject matter;

iii) quantity; iv) Quality;

5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Legal Analysis: Yes. The Labor Law clearly stipulates that an employer shall give 30 days' written notice to the employee when terminating a labor contract.

However, if the employment contract is still in the probationary period, there is no such mandatory requirement, and the employer can terminate the employment contract by giving oral notice during the probationary period.

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 rules and regulations of the employer 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 harm 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.

The notice of dismissal should state the name of the employee; The date on which the employer established the employment relationship with the employee; the worker's job position and working hours; the reasons for the dismissal of the employee; the rights and obligations of the parties; As well as the seal of the unit, the date of dismissal, etc.

Legal basisArticle 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 harm to the employer.

Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

d) the quality of the former state;

5) Price or remuneration;

6. Empty repentance) the time limit, place and manner of performance;

7) Liability for breach of contract;

8) Methods of dispute resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Written notice is required to dismiss an employee, and according to the provisions of the Labor Contract Law of the People's Republic of China, advance notice must be given, and written notice must be provided for dismissal, and oral notice cannot be given. Verbal communication is invalid, so once a verbal notice is taken, then financial compensation is still required.

1. Is there a written notice for dismissal of employees?

According to the Labor Contract Law, if the company does not notify the employee in writing, the verbal dismissal is invalid.

Article 50 of the Labor Contract Law: The employer shall issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties.

Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

2. 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 harm 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.

3. The labor contract shall be terminated under any of the following circumstances:

1) The term of the labor contract has expired;

2) The worker begins to enjoy the basic pension insurance benefits in accordance with the law;

3) The worker dies, or is declared dead or missing by the people's court;

4) The employer has been declared bankrupt in accordance with law;

5) The employer's business license has been revoked, ordered to close down, or revoked, or the employer has decided to dissolve ahead of schedule;

6) Other circumstances provided for by laws, administrative codes and regulations.

Enterprises should adhere to the principle of giving priority to education and supplementing punishment with punishment for their workers, do a good job in ideological education, and help them correct their mistakes. Those who are still invalid after being punished by education or administrative punishment may be dismissed in accordance with the "Provisions on Dismissal".

The dismissal of employees by the enterprise insists on seeking truth from facts and strictly follows Chongqin's "Dismissal Regulations". If the dismissal is found to be improper, it should be corrected in a timely manner; If it is discovered that the enterprise leaders have abused their power to crack down, they should be severely dealt with in accordance with the relevant regulations.

Enterprises should conscientiously do a good job in ideological education for dismissed workers, and should not simply engage in them, so as to prevent contradictions from intensifying. After dismissal, if the person requests to transfer the household registration, it shall be handled in accordance with the provisions on household registration.

In the real life of contemporary society, the provisions of the Labor Contract Law are all provisions on the adjustment of labor relations, of course, such an adjustment of labor relations, including dismissal, must be notified in advance when the dismissal is made, and such a notice must be received by the parties concerned, so it must be carried out in writing.