What is the impact of dismissal without cause on the company? 100

It doesn't have any impact, it's recruiting people and motivating employees to work hard.

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 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

The employer has compensated the employee, and then requires the employee to write a resignation form for the employee's good, because if the employee is registered as an employment and unemployment, the employee's unemployment and employment registration certificate will reflect that the employee is dismissed, which is not good for the employee later, but for the unit, as long as the employee compensation is paid in accordance with the regulations, then there is no other impact.

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 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Legal analysis: The dismissal of employees by an enterprise has an impact on the enterprise, and in the case of dismissal of employees, it is necessary to pay severance according to the prescribed standard, and under normal circumstances, employees who have worked for one year need to pay one month's severance payment.

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, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract 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.

According to the relevant provisions of China's Labor Contract Law, if an enterprise dismisses an employee, it is required to pay severance according to the prescribed standard, and under normal circumstances, a worker who has worked for one year needs to pay one month's severance payment.

Legal analysisThe company's loss to the company is mostly a monetary loss, and the dismissal of the employee requires the company to pay the employee due economic compensation, as long as the employee needs to pay an extra month's salary for each full year, and a small part of the loss is related to the possible loss of reputation. In addition, the dismissal of employees by the company will cause high turnover of the company's personnel, which will adversely affect the company's long-term development.

Legal basisLabor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer 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.

Legal analysis: During the effective period of the labor contract, the company shall not dismiss the employee for any improper reason, if the company dismisses the employee without reason, it shall compensate according to the law, and the economic compensation shall be paid to the employee according to the number of years the employee has worked in the unit, and the standard of one month of labor and capital leakage shall be paid to the employee for each full year. If it is more than six months but less than one year, it shall be calculated as one year, and if it is less than six months, the worker shall be paid half a month's salary as economic compensation.

Legal basis: Article 47 of the Labor Law of the People's Republic of China Economic compensation shall be paid to the worker according to the number of years of service in the employer and the standard of 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 economic compensation of half a month's salary shall be paid to the laborer.

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

Legal analysis: If you are dismissed by the employer, it will not be included in the file. Now it is a market economy, and archives are of little use.

Moreover, the general employer does not have the right to file **. Moreover, the dismissed Sun You's record is not a criminal record, and the dismissal is not necessarily a personal reason, so there is no need to worry.

Legal basis: Article 85 of the Social Insurance Law of the People's Republic of China If the employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be dealt with in accordance with the provisions of the Labor Contract Law of the People's Republic of China.

Interim Provisions on Labor Dispatch Article 17 Where a labor dispatch entity dissolves or terminates a labor contract with a dispatched worker due to Article 46 of the Labor Contract Law or the circumstances specified in Articles 15 and 16 of these Provisions, it shall pay the dispatched worker economic compensation in accordance with the law.

If the employee is dismissed by the employer, it will not be included in the file. Now it is a market economy, and archives are of little use. Moreover, the general employer does not have the right to file **. Also, the dismissal record is not a criminal record, and the dismissal is not necessarily a personal reason, so there is no need to worry.

1. How to deal with the five insurances for the company's dismissal of employees.

After the employee is dismissed, the employer shall, in accordance with the regulations, issue a certificate of dissolution or termination of the labor contract when dissolving or terminating the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. Before the employee finds a new employer, the social security account is temporarily sealed, and the payment will be continued after starting a new work experience, or the employee will pay by himself as a self-employed person. The housing provident fund will be temporarily sealed.

2. Do I need to go through the resignation procedures if I am dismissed during the probationary period?

If an employee establishes a labor relationship with the employer, and the employee is dismissed if he fails to meet the probation period, the employee usually needs to return the employer's tooling and work tools, etc., and go through the work handover procedures in accordance with the employer's resignation procedures, and the employer shall issue a certificate of termination of the labor contract to the employee in accordance with the law, and complete the formalities for the transfer of files and social insurance relations for the employee within 15 days. The employer pays the employee his or her legal wages.

The employer shall issue a certificate of dissolution or termination of the labor contract when it is clearly stated that the labor contract is dissolved or terminated, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.

The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 85 of the Social Insurance Law of the People's Republic of China provides that if an employer refuses to issue a certificate of termination or dissolution of labor relations, it shall be dealt with in accordance with the provisions of the Labor Contract Law of the People's Republic of China.

Paragraph 17 of the Interim Provisions on Labor Dispatch If a labor dispatch entity dissolves or terminates a labor contract with a dispatched worker due to Article 46 of the Labor Contract Law or the circumstances specified in Articles 15 and 16 of these Provisions, it shall pay economic compensation to the dispatched worker in accordance with the law.