1. The employee's probation period does not meet the employment conditions
First of all, the employer has to be clear 、 Reasonable employment conditions ,“ It doesn't match the development of the company ” This kind of reason is basically illegal rescission .
Then you have to be able to prove that the employee doesn't meet the employment requirements , Finally, it must be put forward during the probation period , Even if it's just over one day of probation , It can't be dismissed on the ground that it doesn't meet the employment conditions .
2. Workers are not competent for their jobs
Workers are not competent for their jobs , The unit can't dismiss directly , Need training or job transfer , Still not competent , Only when the unit has sufficient evidence can it be relieved . The number of tasks arranged by the employer far exceeds the number of posts , And then dismiss it on the ground of incompetence , It will also be judged as illegal discharge .
In this case, the employee is dismissed , The unit needs to pay economic compensation .
3. The labor contract is due
After the expiration of the labor contract, the employer can choose to terminate the labor relationship , But if the employee has two consecutive fixed-term contracts expired , Or has been working continuously in the unit 10 year , When an employee proposes to sign an open-ended contract , Units can no longer be terminated . When the contract expires, the company will not renew it , Units that terminate labor relations should also pay economic compensation .
4、 Employees seriously violate the rules and regulations of the unit
This is the most common way to release in practice , It's also the most controversial .
First of all, the employer must have a legal 、 Reasonable rules and regulations , If rules and regulations want to be an effective basis , The formulation must be discussed and approved by the trade union or the workers' Congress , And make it known to workers , The best way to publicize is to organize training , And have a training record signature .
It has not been discussed and approved by the general meeting of the staff and workers , Or not to workers , The system will have no legal effect , It can't be the basis for dismissing employees .
secondly , The mistakes made by employees must be serious violations of the system , Only serious violations of the system can terminate the labor contract , How to make it serious ？ Just make it clear in the system .
Last , It is necessary to provide sufficient evidence for employees' violation of discipline , The most uncontroversial way, of course, is for employees to admit that , And a written proof .
evidence 、 The procedures are all right , The unit still lost the lawsuit 25 ten thousand
Feng has worked in a supermarket chain 17 year , According to the company 《 employee handbook 》 The first 2.3.3 Stipulated in article ：2 Second level warning equals third level warning , Employees can be dismissed immediately , No financial compensation is paid .（ The third level warning is regarded as a serious violation of the company's system ）
2017 year 2 One day of the month , Feng received a letter from the company 《 Violation list 》, The reason is that Feng is responsible for the lack of price tag , Lack of signboard , Violation of standard working procedures or unauthorized change of working methods , No impact or loss has been caused , It has constituted a second level violation of discipline , Give a second level warning .
A few days later , Feng failed to perform the inventory management process or inventory process , The loss of the company is RMB 5000 Yuan to 10000 element , It constitutes a second level violation of discipline , Again received from the company 《 Violation list 》.
Two violations of discipline , Feng is all here 《 Violation list 》“ I agree with the above punishment results , There is no doubt about it ” Sign at the signature Office of .
After a while , The company takes Mr. Feng as an example “ There is a second level two warning , It's a level three warning , Can be dismissed immediately ” After informing the guild , make 《 Notice of termination of labor contract 》, Dismiss Feng .
Feng applied to the municipal labor and personnel dispute arbitration commission for arbitration , The Arbitration Commission has not concluded the case due to excessive backlog of cases , Feng filed a lawsuit to the court again , Ask the company to pay Compensation for illegal discharge 312305 element .
The court of first instance held that , According to the company 《 employee handbook 》 Regulations , Feng received 2 Second level warning , The company's termination of the labor contract does not violate the law .
First instance verdict ： Dismissing Feng's claim .
Feng is not satisfied , Appeal .
The court of second instance found that ：《 employee handbook 》 Regulations “ Once the final decision is made , The employee must sign on to the decision of punishment , If the employee does not sign , The head of department and human resource department will send it to employees by registered mail or other legal forms , The punishment shall take effect from the date of service .”
It can be seen from the above provisions that , Whether or not the decision of punishment made by the company is based on facts , All employees must sign for confirmation .
This provision does not protect the right of employees to exercise defense relief against their own punishment , There may be situations where employees are punished arbitrarily but there is no way to relieve them , In the end, it damages the legitimate rights and interests of workers , The rules and regulations formulated by employing units by taking advantage of their advantageous position may be difficult to protect the legitimate rights and interests of workers .
Two copies 《 Violation list 》 It's very clear “ I agree with the above punishment results , There is no doubt about it ” All typefaces , Not written by Feng himself , Feng only signed in the employee signature column .
The company has not provided additional evidence to prove Feng's violation of discipline , Therefore, there is no corresponding factual basis for the company to terminate the contract on the ground that Mr. Feng constituted two secondary warnings , It is illegal to terminate the labor contract
Judgment of the second instance ： To annul a judgment of first instance , The company paid Feng compensation 252525 element .