If you do not accept the company s special shift and be dismissed, there is no violation of labor la

If there is an agreement in the contract, the employer's practice is lawful, and if there is no agreement, the employer is adjusting the job position, and the employee does not agree, the employer's termination is illegal.

If the employer terminates the labor contract in violation of the law, the employee may request to continue to perform the labor contract, and the employer shall continue to perform it; The employee does not request to continue to perform, and the employer needs to pay economic compensation to the employee.

Labor Contract Law

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 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.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

It depends on whether the employee's dissatisfaction with the arrangement is a serious violation of the company's rules and regulations, and if it is a serious violation, the employer has not violated the labor law by terminating the labor contract, otherwise it has violated the labor law.

Legal Analysis: If an employee violates the rules of the employer and will be dismissed, the employer may terminate the labor contract if the employee falls under any of the following circumstances: it is proved that the employee does not meet the employment conditions during the probationary period; Serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer, etc.

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, or causing major damage to the employer's vertical stove;

4) The worker establishes a labor relationship with another employer at the same time, which has a serious impact on the completion of the work 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.

If the employee violates the rules of the employer, the employer may terminate the labor contract if the employee has any of the following circumstances:

Legal basis: Article 39 of the Civil Code 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 requirements for employment;

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 a labor relationship with another employer at the same time, causing a serious impact on the completion of the work tasks of the unit, 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.

If the employee seriously violates the rules and regulations of the employer, he or she will be dismissed. In addition, the employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer; During the probationary period, it is proved that they do not meet the employment requirements; Those who have been pursued for criminal responsibility in accordance with law; Other.

1. Whether employees of criminal units who have been investigated for criminal responsibility can be dismissed.

The employer can fire the employee after being held criminally responsible, and is not required to pay compensation for financial disturbance. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: the employee is investigated for criminal liability in accordance with the law; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; During the probationary period, it is proved that they do not meet the employment requirements; Serious violation of the rules and regulations of the employer; Other.

2. What should I do if I am dismissed during the probationary period?

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 labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

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

In short, in order for a company to dismiss an employee during the probationary period, it must meet at least one of the above four criteria. Otherwise, the company needs to pay the employee severance payment.

3. What is the subsidy for absenteeism and resignation?

Absenteeism and resignation are considered to be employees who leave the employer in violation of the rules and regulations of the employer, and the employer does not need to compensate them. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances: seriously violates the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; During the probationary period, it is proved that they do not meet the employment requirements; Other.

Article 39 of the Labor Contract Law of the People's Republic of China stipulates that an employer may terminate a labor contract if the employee falls under any of the following circumstances: 1) the employee is proved to be ineligible for employment during the probationary period; (2) 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. No financial compensation or compensation will be payable in the event of such dismissal.

and Articles 40, 41 and 42 of the Labor Contract Law.

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) 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 a labor relationship with another employer at the same time, which seriously affects 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.