The basic meaning of dismissal, what does dismissal mean

Dismissal refers to the legal system in which state organs, enterprises, public institutions, and social organizations remove employees from their subordinate units.

Note: With the abolition of the Interim Provisions on the Dismissal of Employees in Violation of Discipline in State-Owned Enterprises on 6 October 2001, the legal basis for the dismissal of employees who have violated discipline has also been lost. The power to dismiss an employee who violates discipline is actually delegated to the employer, which may stipulate or formulate corresponding internal rules and regulations in the employment contract.

The so-called dismissal has actually become a form of termination of the employment contract. Therefore, the legal basis for the dismissal of an employee is Article 25 of the Labor Law and Article 39 of the Labor Contract Law.

Dismissal is an act of dismissal by an employer, which refers to a compulsory measure taken by an employer to terminate the labor relationship with an employee for some reason.

According to the different reasons, it can be divided into disciplinary dismissal and normal dismissal. Dismissal for violation of discipline refers to an administrative measure taken by an employer to forcibly terminate the labor relationship in accordance with the law against an employee who has seriously violated labor discipline or the internal rules of the enterprise, but has not reached the level of dismissal or removal. Normal dismissal refers to a measure taken by an employer to terminate the labor relationship with an employee in accordance with the production and operation conditions and the situation of the employees, and in accordance with the national and local policies and regulations on changing the operating mechanism of the enterprise and resettling redundant personnel in the course of reform.

It means not to continue working.

Dismissal is dismissal, dismissal, and the contractual relationship is exclusive. Article 40 of the Labor Contract Law of the People's Republic of China 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.

Article 26 The following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Dismissal is an oral expression of the company's proposal to terminate the labor relationship.

Whether there is compensation for the dismissal of the unit, the following three situations are quietly assigned:

1. Illegal termination. If the employer dismisses you without any legitimate reason, it should pay you compensation, that is, 2 months' salary for every year of work; That is, 2n;

2. Legal termination. If the employer has a legitimate reason to terminate the labor contract in accordance with the provisions of Article 46 of the Labor Contract Law, it shall pay you severance payment, that is, one month's salary for each year of work. In accordance with Article 40 of the Law of the Labor Contract and without one month's notice, one month's salary shall be paid in lieu of notice, commonly known as n+1;

3. No compensation for legal termination. If you have any of the circumstances stipulated in Article 39 of the Labor Contract Law, such as serious violation of the company's system, causing major economic losses to the company, being sentenced, etc., and the employer proposes to terminate the employment relationship, it does not need to pay you compensation or compensation.

Dismissal is an act of unilateral termination of an employment contract by an employer, usually by the employer deciding not to continue to cooperate with the employee due to some reasons or business needs in accordance with labor laws and regulations or the provisions of the labor contract, thereby terminating the labor contract.

Dismissal is usually initiated by the employer, while the employee generally accepts it passively. The opposite of dismissal is the situation where the employee voluntarily leaves the company, that is, the employee voluntarily leaves the company or submits a resignation application. The essential difference between the two is that dismissal is the unilateral termination of the labor contract by the employer, while the voluntary resignation of the employee is the employee's own decision to leave the job.

An employer shall meet the following conditions when dissolving or terminating a labor contract:

1. The reasons for the termination or termination of the contract are in accordance with the law and the contract, such as the employee's serious violation of discipline, serious dereliction of duty, serious violation of discipline and other behaviors;

2. Before dissolving or terminating the labor contract, the employer shall have a conversation with the employee and explain the reasons for the dissolution or termination;

3. The employer shall pay economic compensation to the employee in accordance with the law, such as wages, compensation, benefits, etc.;

4. The employer shall go through the formalities of dissolving or terminating the labor contract in accordance with the law, such as reporting to the labor department and issuing relevant supporting documents.

To sum up, when dissolving or terminating an employment contract, the employer shall strictly abide by the laws, regulations and contractual agreements, and shall not violate the legitimate rights and interests of the employee. If the employer illegally dissolves or terminates the employment contract, it may face risks such as legal action and financial compensation.

The legal basis is buried]:

Article 36 of the Labor Contract Law of the People's Republic of China.

Termination of Labor Contract through Negotiation] The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

Article 39.

Unilateral termination of the labor contract by the employer (negligent dismissal)] 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.

Zhuyin pinyin cí tuì

Part of speech verb.

Basic Definition

cessation of employment; Dismiss.

English di**iss;

Similar words

Dismissal, dismissal, dismissal.

Opposite words

Hire a compendium of Chinese dictionaries dismissal

1.Removal of another person from office.

Sentence FormationUnder the impact of the economic downturn, many employers have been forced to lay off their employees in order to reduce personnel expenses.

2.Excuse yourself, refuse.

In a sentence, he dismissed all invitations and devoted himself to writing behind closed doors.

Revised Chinese Dictionary Dismissal

Removal of another person from office.

Quote from "A Brief History of Civilization, Part 22": The teacher was speechless and left in disappointment. The teacher was always dismissed by General Manager Wei's office. 」

Near-dismissal Dismissal.

Excuse me, refuse to touch or brother.

For example, he dismissed all offers and devoted himself to writing. 」

The citation team asked the dismissal officer to retire.

Quoting from "The Book of the Later Han Dynasty, Fangshu Chuan, Guo Xian": "Xian was dismissed due to illness and died at home. "The Book of Jin: The Biography of Hua Tan":

At the age of seventy, his ambition is declining, and he has no hard work for vegetarian meals, so he should be dismissed. "Southern Dynasty Chen Xu Ling "For Wang Yi Tong Zhi Shi Table": "False fame, world officials are not talented; Nian Xiao's attack force is strong, and he can't be dismissed.

Farewell, farewell. "Wei Shu Yuan Cheng Biography": "Candle to the end, the secretary of state dismissed."

Lead Li Chong to worship tens of millions of years old. Song Zhang Qixian, "Luoyang Gentry Old News, Qianzhou Notes": "Huai Qi Zhi, because of the criticism, Shi Xian has been dismissed. ”

Firing; Dismiss.

Quote Lu Xun "Hesitation and Loneliness": "But in the spring, I suddenly heard that he had been dismissed by the principal. Xiao Hong's "Life and Death Scene" five: "The next day, Ping'er went to work and was dismissed. ”

Resign, decline.

Quote Lu Xun "The "Leader": So although he was posthumously sealed by the modernists this time, he had to publicly dismiss the reputation of this "leader" again. ”