The company dismisses the staff to conform to this kind of process to be legal! Otherwise, it is necessary to pay compensation for illegal termination
In actual labor arbitration cases , It is common for companies to dismiss employees illegally , As a result, the company needs to pay compensation for illegal termination of the labor contract . actually , Many companies are laying off their employees , I don't know what kind of dismissal is legal dismissal . In fact, the company's legal dismissal , It should be in line with the system and be legal 、 The evidence is sufficiently valid 、 There are three aspects of legal process , And the company's dismissal of employees is also divided into the need to pay financial compensation , And no need to pay economic compensation . Let's talk about it separately .

 It is only legal for the company to dismiss its employees in accordance with such a process ! Otherwise, we have to pay compensation for illegal termination

The company dismisses the staff according to the legal system


There are two systems on which a company can rely , One is the laws and regulations issued by the state , One is the internal rules and regulations of the company .

One 、 If it is based on 《 Labor contract law 》 And other relevant legal provisions , There must be no problem with that .

Two 、 If it is based on the company's rules and regulations , Then the following conditions need to be met , Is the legal and valid evidence .

1、 Formulation and release of company rules and regulations , It has to go through a democratic process , That is to say, it must be approved by the vote of all employees or the Congress of employees .

2、 The company's rules and regulations must be publicized throughout the company , Or to every employee , And form a record .

3、 Train the staff , And form a record .

4、 Company rules and regulations themselves , Don't violate the relevant laws and regulations .

 It is only legal for the company to dismiss its employees in accordance with such a process ! Otherwise, we have to pay compensation for illegal termination

The evidence of the company's dismissal should be sufficiently valid


Because dismissing employees involves their vital interests , So you can't just say , Companies need to have sufficient evidence to support their claims .

The evidence must be sufficiently valid , It mainly includes :1、 The evidence must be legally obtained ;2、 The evidence must be true , It can't be made up or tampered with unilaterally ;3、 The evidence must be relevant to the reason for dismissal . There is no compensation for dismissal , And the situation that dismissal needs compensation .

One 、 Dismissing an employee for serious violation of the company's rules and regulations , There is no need to pay economic compensation , So the company needs to have this evidence .

1、 The company must have factual evidence of employees violating rules and regulations , According to different situations , Provide the evidence , For example, video surveillance 、 Signature, etc .

2、 There must be a clause in the company's rules and regulations that employees violate . If there is no agreement , It can't be used as a basis .

Two 、 The employee is not competent for the current position , After training or job transfer , Still not competent for the post and dismissed , This kind of thing needs to be ahead of time 30 Days notice or extra payment 1 Month's payment in lieu of notice , At the same time, economic compensation should be paid . So the company needs to have this evidence .

1、 The company must be able to prove that the employees are not competent for the current position .

2、 After that, the company must carry out targeted training for its employees , Or job transfer .

3、 Then again, the company can prove that the employees are not competent for the job .

 It is only legal for the company to dismiss its employees in accordance with such a process ! Otherwise, we have to pay compensation for illegal termination

The company's dismissal process should be legal


Even if both of the above are in line with , The company must also be legal in the dismissal process .

One 、 The company must point out the employees' violation of discipline or problems , Inform employees in advance or publicize in the company .

Two 、 The company must dismiss its employees in effective ways, such as in writing .

3、 ... and 、 If the company has a staff congress or trade union , When you fire an employee , They have to be consulted in advance .

Four 、 Arrange staff handover , And settle the employee's leaving salary .

To make a long story short , The company's legal dismissal process should conform to the above three aspects at the same time . If it doesn't meet , Then the company may be illegally dismissing employees , Therefore, the compensation should be relieved , amount to 2 Times the economic compensation .
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2021-08-09