100 dismissal resulting from serious violations of company rules and regulations

Although some commercial practices are not stipulated in specific company regulations, they may be prohibited as commercial practices, but if the circumstances are minor and have little impact, the company will not fire the employee unwisely, so if you don't like to seek another job, you can take legal measures to fight back. However, as a bystander, I think that whether you go through arbitration or litigation, it is extremely disadvantageous for you, if you lose, you break up unhappily, if you win, it is easy to have a stalemate with the relevant leaders of the company, can you still work smoothly in the company as before? Your boss doesn't necessarily want to fire you for no reason, doesn't that add fuel to the fire?

1. If the employee seriously violates the rules and regulations of the employer, the reason for the termination of the labor contract by the employer meets the circumstances stipulated in Article 39 of the Labor Contract Law, and no severance or compensation shall be paid;

2. Legal basis: Labor Contract Law (2012 Amendment) Article 39 [Unilateral Termination of Labor Contract by Employer (Fault 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 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.

The employee handbook does not necessarily constitute a complete set of company rules and regulations, the company's rules and regulations will include relevant financial systems, etc., and the use of stored value cards in shopping malls may form part of the financial system, so the specific should be determined in combination with your situation. Personally, I think that your use of a personal credit card to settle the bill will be deemed by the company to be a violation of the rules for the use of stored value cards in the company's shopping malls and damage the rights and interests of the company, and whether you are swiping the card for profit? If so, then you may not necessarily be supported to apply for arbitration, but on the contrary, you may be considered.

In the case of dismissal, there is no compensation. From this point of view, you can consider how to fire in the company's rules and regulations, whether there are specific regulations, and whether they are suitable for you. According to this point, if you complain to the company, if you do not have a dismissal, you will be dismissed, and the dismissal should be compensated accordingly.

This matter can be big or small, if the company thinks it is serious, it is really difficult for others to say that it is not to be fired.

Is expulsion important to you? Then ask someone to intercede and see if you can solve the problem.

Hope it helps.

If you violate the financial rules, if you cause it, the company can compensate you, and you can be dismissed if you cause losses to the company.

A few points: first, it is certain that if you go to an arbitration institution, there is a high probability that you can obtain compensation;

Third, are you sure you're not offending anyone?

Fourth, there is no place to stay here, and there is no need to hang yourself on a tree.

When the company dismisses an employee for violating the company's rules and regulations, the following procedures must be observed: 1. Find out the facts of the employee's violation of the company's rules and regulations, such as the employee's violation of labor discipline, desertion during work, etc., and collect evidence for this. 2. The company's supervisors should talk to the group according to the facts and put forward the opinions on dismissal.

3. The company should convene a staff congress or discuss it at the congress to determine whether to dismiss employees. 4. After making the dismissal decision, go to the labor department to record the dismissal decision. 7. After making the "Notice of Expulsion", it needs to be sent directly to the employee.

8. Transfer employee files.

Legal Analysis: If an employee is dismissed by the employer for seriously violating the employer's management system, the employer does not need to bear the responsibility of economic compensation, and the employee has no right to claim compensation.

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

Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the law;

4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers;

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations and forces the employee to perform risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

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 40 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.

If the employee seriously violates the company's rules and regulations, the company can directly dismiss him. The company may unilaterally terminate the employment contract with an employee who has committed serious disciplinary violations and other major faults, and is not required to pay economic compensation to the employee.

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) The employee is proved to be ineligible for employment 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 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 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. Article 36 of the Labor Contract Law of the People's Republic of China The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

If an employee violates the employer system and causes economic losses to the employer, the employer may require the employee to compensate the employee. If there is a certificate, the employee has signed and received a written notice, and the employee can go through the withdrawal procedures after 30 days, and it does not matter if the employee does not come to the unit. However, the employer should retain documentary evidence, as well as the reasons for the dismissal and the institutional regulations (which must be legal).

Article 90 of the Labor Contract Law of the People's Republic of China stipulates that if an employee terminates a labor contract in violation of the provisions of this Law, or violates the confidentiality obligation or non-competition restriction stipulated in the labor contract, causing losses to the employer, he shall be liable for compensation.

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 the employee does 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 circumstances provided for in item (1) of the first paragraph of paragraph 1 of Article 26 of this Law make the labor contract invalid; 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 The employer and the employee may terminate the labor contract if they reach a consensus through consultation.

1. What are the procedures for the company to fire employees for violating rules and regulations?

In practice, companies are subject to the following procedures when dismissing an employee for violating the company's rules and regulations:

1. Find out the facts of the employee's violation of the company's rules and regulations, such as the employee's violation of labor discipline, desertion during work, etc., and collect evidence for this.

2. The company's supervisor should put forward the dismissal opinions according to the facts.

3. The company should convene a workers' congress or discuss it at the congress to determine whether to dismiss employees.

4. After making the dismissal decision, go to the labor department to record the dismissal decision.

7. After making the "Notice of Expulsion", it needs to be sent directly to the employee.

8. Transfer employee files.

In addition, since the company wants to terminate the labor contract on the grounds of violating the rules and regulations, the rules and regulations must meet the following conditions:

1. The company's rules and regulations must be legal and reasonable;

2. The company's rules and regulations must be formulated through democratic procedures;

3. The company's rules must be publicized or informed to the workers.

Therefore, if only the company itself knows the rules and regulations, then the employee cannot be dismissed on the grounds of violating the rules and regulations, and the company will bear the legal consequences of illegally terminating the labor contract.

2. Relevant legal provisions

Labor Contract Law of the People's Republic of China

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) It is proved that they do not meet the employment requirements during the period of testing and resistance;

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.

Based on the above analysis, if an employee has seriously violated the company's system, if the employer terminates the labor contract, the procedures for terminating the labor contract include clarifying the facts of the violation of the company's system, proposing dismissal, convening an employee representative meeting to discuss the dismissal of the employee, and filing the dismissal decision with the labor department.