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To this question need to add two additional conditions, 1, if the company's "heavenly rules" meet the mandatory dismissal provisions of the labor law, such as a crime. The worker has to accept the decision. 2. If the company's "Tiantiao" does not comply with the mandatory dismissal provisions of the labor law, and is some self-determined and unfair regulations that infringe on the legitimate rights and interests of employees, employees can; Negotiate with the company to settle the matter, or through mediation through the company's or community's mediation organization, or apply to the arbitration commission for arbitration, and if you are not satisfied with the arbitration decision, you can file a lawsuit in court.
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Dismissal, according to the contract.
Lose some money and you're done.
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Is there a contract? If so, you can file a complaint with the labor department.
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Legal Analysis: Sales.
If the employee is terminated from the labor contract in violation of the regulations, or violates the confidentiality or non-competition restrictions stipulated in the labor contract, causing losses to the employer, the employee shall be liable for compensation.
Legal basis: Article 90 of the Labor Contract Law of the People's Republic of China If an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction agreed in the labor contract, causing losses to the employer, he shall be liable for compensation.
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If the company seriously violates the company's regulations, the employer may dismiss him in accordance with the law. It is sufficient to pay wages in accordance with the labor contract, and there is no other compensation. According to Article 39 of the Labor Contract Law, 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; (4) The worker 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 raised by the employer; (5) The labor contract is invalid due to the circumstances provided for 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 36 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the employee may terminate the labor contract if they reach a consensus through consultation. Article 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) it is proved that he does not meet the employment requirements during the probationary period; (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 in this order, or refuses to make corrections upon the employer's request; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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Article 39 of the Labor Contract Law.
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 not as effective as possible due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;
(6) Those who have been pursued for criminal responsibility in accordance with law.
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If an employee is dismissed for violating company regulations, there is no compensation.
If an employee is dismissed for violating the company's rules, whether there is compensation or not is completely determined by the company's internal rules and regulations. An employee is eligible for compensation if the company's internal rules provide for compensation for violating the company's rules; If the company's rules stipulate that the violation of the company's rules will directly lead to the employee's dismissal, then the employee is not eligible for compensation. However, in the process of dealing with employees' violations of laws and regulations, Gongxiao Liang needs to comply with relevant laws and regulations, and if the company's handling exceeds the scope of the law, the employee has the right to demand that the company bear the corresponding liability for compensation.
Therefore, the specific situation needs to be analyzed according to the company's regulations and the contract terms of the employees involved.
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Legal analysis: If the employee seriously violates the rules and regulations of the employer, he will not be compensated if he is dismissed by the company. The company may terminate the labor contract if the employee is dismissed under the following circumstances:
1. During the probationary period, it is proved that they do not meet the employment conditions;
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, 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 invalid;
6. Being pursued for criminal responsibility in accordance with law.
Legal basis: Labor Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment conditions during the trial period; (2) Seriously violating the rules and regulations for employing single-cover rental seats; (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 provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.
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