Is it okay to dismiss an employee by any means

Of course, dismissal of an employee should not be done by unscrupulous means, and this must be in accordance with the provisions of the law. Employees can be dismissed, but reasonable compensation should be given.

No! Unscrupulous means are unreasonable, unreasonable and illegal ......To put it mildly, to be condemned. At worst, it will be sanctioned by laws and regulations.

Dismissal of employees must be done in accordance with laws and regulations. We must not be "unscrupulous"!

Otherwise, people will defend their rights in accordance with laws and regulations, and they will have to investigate the relevant responsibilities of the responsible person!

Of course, unscrupulous means should not be used. Labor laws protect workers.

The country's policy is protective of employees. It is not permissible to dismiss an employee by any means. It has to be executed according to the contract. A breach of contract is a violation of labor law.

You can do this, but it violates the bottom line of morality, it is recommended not to do it, it will be infamy.

Of course not, because there is a labor law, the employee must be dismissed according to the labor law, and if the employee does not make a mistake in the work, a certain amount of compensation must be paid if the employee wants to be dismissed.

No! Dismissal must be carried out in accordance with the provisions of the labor law!

No! It is not easy for working people either. are protected by law. In the event of dismissal. You can also talk to him about it. It is very bad to use such means.

Of course not, both employers and employees are subject to the constraints and adjustments of the Labor Law and the Labor Contract Law, and they cannot do as they please.

To solve the employee's needs, to find a valid reason, to convince him, not unscrupulous.

No, you should follow the requirements of the labor law, otherwise the lawyer will find out your fault and end up with a loss.

An employee can be dismissed for any reason, but unilateral dismissal of an employee violates the labor contract and requires corresponding compensation.

So what kind of employees do you have to look at, and see if your company is big? If you are a friend of a large company, the demeanor of a large company, the result is no problem, and both sides of the pastry family talk can be too small, so you have to tear your face. After all, you.

Have been working together for a long time. For some reason, there is a lot of work. Let's be honest.

As long as it does not violate the regulations, it is appropriate to justify it.

You can't do that. Because now there is an employment contract law.

The dismissal of an employee must provide a reason for the termination of the employment contract, and if the employee's interests have been harmed, the employee can file a complaint with the local labor bureau.

Don't be unscrupulous, don't use it, no one will not go.

There are many reasons to dismiss a person, but if you work for a long time, you have to be compensated, and the compensation is in place to dismiss the employee.

Arbitrary dismissal of an employee is a violation of labor law.

This should be a bad company, and I personally feel that it should not be a pity.

Legal Analysis: Proven to be ineligible for employment during the probationary period; Serious violation of labor discipline or the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer; Those who have been pursued for criminal responsibility in accordance with law. 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; The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; 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 the modification of the labor contract after consultation.

Legal basis: Labor Law of the People's Republic of China

Article 25 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 labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, engaging in malpractice for personal gain, causing major harm to the interests of the unit that used the whistleblower;

4) Those who have been pursued for criminal responsibility in accordance with law.

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.

No matter what company or position you are in, these may be common problems - employees are all empty and terminated for some unreasonable reasons. So, is it legal to do so? Do I need to pay severance payments? MANDE Enterprise Service is here to tell you.

Employees who don't understand the law may be submissive; For employees who understand the law, it is almost impossible for the company to terminate the contract casually, and it may cause more trouble, which will seriously affect the company's operation and personnel stability.

If the company wants to fire the employee, it needs to bear the burden of proof, and there must be a strong reason to prove that the employee is incompetent, and these evidence must also stand up to inspection, otherwise in the event of labor arbitration, the company will undoubtedly lose, and may also pay a certain amount of economic compensation.

The termination of the contract between the employer and the employee can be roughly divided into two situations:

One is that no severance is required;

One is the need to pay severance payments.

According to the laws of the People's Republic of China, if the employee is proved to have the following circumstances, the employer may not pay severance if the employee terminates the labor contract:

1) It is proved that they do not meet the employment conditions 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 major damage to the employer;

4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

5) The labor contract is concluded or modified by means of fraud, coercion or taking advantage of the danger of others, and the other party concludes or modifies the labor contract contrary to its true intentions;

6) Those who have been investigated for criminal responsibility in accordance with law;

Circumstances under which severance payments may be made include, but are not limited to:

1) The employer and the employee negotiate to terminate the contract;

2) Unable to engage in the original job or to engage in the work arranged by the expiration of the medical treatment period for illness or non-work-related injury;

3) Incompetent for the job, incompetent after training or transfer;

4) The labor contract cannot be performed and an agreement to modify the labor contract cannot be reached;

5) The employer has major changes in objective circumstances such as bankruptcy, operational difficulties, production changes, major technological innovations, or adjustments to business methods;

6) The employer has made accusations of forced labor by means of violence, coercion or illegal restriction of personal freedom, or the employer has failed to pay labor remuneration or provide working conditions in accordance with the labor contract, resulting in the resignation of the employee.

What about severance payments? How to pay?

The severance payment is based on the employee's number of years of service in the employer, and is calculated as one year for each full year, and if the employee has worked for more than six months but less than one year, it is calculated as one year. If it is less than six months, the worker shall be paid half a month's salary.

The aforesaid monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

It can be seen that the law has relatively strict conditions for the employer to exercise the unilateral termination right, and it may also need to bear the corresponding liability for economic compensation.

How to terminate an employee, and what should I pay attention to?

There are two ways: legal reasons for not paying compensation, and legal dismissal for no reason.

Violating the company's regulations, causing losses to the company, and failing to meet the company's required performance

Employees can be dismissed, but financial compensation is generally required.

1. Employees need to be dismissed due to poor performance.

1. You may seek help from your direct supervisor, because your supervisor knows the employee's performance best and has the most right to speak. If possible, you can also let her join her. Of course, it is important to prepare a track record in advance to make the conversation more convincing. This is to convince people with reason.

2. It is necessary to seek a legal basis to give certain compensation according to the provisions of the labor contract, and give one month's salary compensation for each year of service. And you can discuss it with the general manager or business manager to give more. This is to treat people with the law.

Legal analysis: For employers, when dismissing employees, it is necessary to pay attention to the issue of legality, that is, when dismissing employees, they must ensure that the evidence is conclusive, the basis is sufficient, and the procedures are legal.

Legal basis: 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 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.