What are the four common ways of dismissing employees in a company? Under which circumstances can double economic compensation be required?
Lu Baolin 2021-02-23 05:56:37
The employer unilaterally decides to terminate the labor relationship with the employee , There are usually cases that do not violate the law 4 Kind of :

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 .

 It's common for companies to dismiss employees 4 Ways of planting , Under which circumstances can double economic compensation be required ?

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 .

 It's common for companies to dismiss employees 4 Ways of planting , Under which circumstances can double economic compensation be required ?

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 .

 It's common for companies to dismiss employees 4 Ways of planting , Under which circumstances can double economic compensation be required ?


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 .
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