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Anonymous users2024-02-10Please don't change my formatting!!
In accordance with Article 21 of the Labor Contract LawDuring the trial period.
Except for the circumstances provided for in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law
The employer shall not terminate the labor contract. The employer is on probation.
If the labor contract is terminated, the reasons shall be explained to the employee.
According to Article 40 of the Labor Contract LawIn any of the following circumstancesThe employer shall submit a written form 30 days in advance.
After notifying the employee or paying the employee an additional month's salaryThe employment contract can be terminatedDuring the probationary period, the employer dismisses the employee, as long as it does not violate the provisions of Article 21 of the Labor Contract Law
No provision is written.
Inform the reason for dismissal of the employee, or verbally.
Reasons for dismissal of the employee.
Either way.
Outside of the probationary period.
Dismissal of workers,
Article 40 provides for two approaches.
The reason for the dismissal must be communicated in writing to the employee.
It can be in writing.
30 days' notice to the employee to terminate the labor contractIt can also be in writing.
There is no need to terminate the labor contract with the employee 30 days in advance. However, you must pay an additional month's wages for your labor.
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Anonymous users2024-02-09No. According to labor laws.
Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:
1) The worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer;
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 original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.
Article 27 Where an employer is on the verge of bankruptcy and undergoing statutory rectification or when serious difficulties arise in its production and operation and it is truly necessary to lay off its personnel, it shall explain the situation to the trade union or all employees 30 days in advance, listen to the opinions of the trade union or the employees, and may lay off the personnel after reporting to the labor administrative department.
Where an employer lays off personnel in accordance with the provisions of this Article and hires personnel within six months, it shall give priority to the personnel who have been laid off.
Article 28 Where an employer terminates a labor contract in accordance with the provisions of Articles 24, 26 and 27 of this Law, it shall give economic compensation in accordance with the relevant provisions of the State.
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Anonymous users2024-02-08Whether the company dismisses or dismisses an employee and whether it should pay compensation or compensation is divided into the following three situations: 1. If the company terminates the labor relationship with the employee without any legal reason and does not pay economic compensation, and the employee does not have the circumstances specified in Article 39 of the Labor Contract Law, it can be determined that the employer's behavior belongs to the illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and compensation should be paid, that is, 2 months' salary for every year of work, commonly known as 2n;2. If the company terminates the labor relationship with the employee in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, if it meets the provisions of Article 46 of the Labor Contract Law, it shall pay you economic compensation, that is, one month's salary for each year of workIf Article 40 of the Labor Contract Law is complied with and the employee is not notified one month in advance, an additional one month's salary shall be paid as wages in lieu of notice, commonly known as n+1;3. If the employee has the circumstances stipulated in Article 39 of the Labor Contract Law, and the company proposes to terminate the labor relationship, it does not need to pay any economic compensation, nor does it need to give notice of delayHowever, this requires the company to provide evidence and notify the employee in writing to terminate the employment relationship.
Whether an employee is dismissed by the employer and whether compensation or compensation should be paid is divided into the following three situations: >>>More
1. What is the reason for the company to dismiss you, the reason is different, and the compensation or compensation is different. >>>More
How to terminate an employee, and what should I pay attention to?
In addition to the following reasons, the reasons for unreasonable dismissal of the employee are all grounds: (1) the employer and the employee have reached an agreement through consultation; (2) The worker is proved to be ineligible for employment during the probationary period; (3) The worker seriously violates the rules and regulations of the employer; (4) The worker is seriously derelict in his duties or commits malpractice for personal gain, causing major damage to the employer; (5) 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; (6) The worker uses fraud or coercion or takes advantage of the danger of others to cause the employer to conclude or modify the labor contract contrary to its true intentions; (7) The worker is investigated for criminal responsibility in accordance with law; (8) 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; (9) The worker is not competent for the job, and is still incompetent for the job after training or job adjustment; (10) 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; (11) The employer carries out reorganization in accordance with the provisions of the Enterprise Bankruptcy Law; (12) The employer has serious difficulties in production and operation; (13) Where it is still necessary to lay off personnel after the labor contract has been changed after the enterprise has changed its production, major technological innovation or adjustment of its business mode; (14) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.
First of all, have you seriously violated the company's management system and caused him losses? Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances: >>>More