Under what circumstances can the company dismiss its employees?
In any of the following circumstances, the employer may terminate the labor contract:
1, proved to be unqualified for employment during the probation period;
2, a serious violation of the rules and regulations of the employer;
3, serious dereliction of duty, corruption, causing great damage to the employer;
4. The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
5. Being investigated for criminal responsibility according to law.
First, the principle of enterprise dismissal
1. According to the document No.5 of the former Ministry of Labor and Personnel [1987], enterprises should adhere to the policy of giving priority to education, supplemented by punishment, do a good job in ideological education and help them correct their mistakes. Those who are still ineffective after education or administrative sanctions may be dismissed according to the "Regulations on Dismissal".
2. When dismissing employees who violate discipline, the enterprise insists on seeking truth from facts and acts in strict accordance with the dismissal regulations. If it is found that the dismissal is improper, it shall be corrected in time; If it is found that business leaders abuse their powers to take revenge, they should be dealt with severely in accordance with relevant regulations.
3. Enterprises should conscientiously do a good job in ideological education of employees who have been dismissed for violating discipline, and cannot simply do it to prevent conflicts from intensifying. After dismissal, if I request to transfer my account, it shall be handled in accordance with the regulations on account transfer.
Second, what should I do if my employees are dismissed?
Risk suggests that labor security involves the vital interests of the broad masses of the people. Under the new employment mode, personnel management, business management and control, wage settlement and other matters may be dismantled to different enterprises, which makes it difficult to define the relationship between the labor subject and the law and increases the difficulty for workers to safeguard their rights. In particular, migrant workers often engage in long working hours, high labor intensity, high risk, toxic and harmful operations, lack of comprehensive protection, poor knowledge of migrant workers' own safety, and increased difficulty in safeguarding rights.
It is suggested that workers can safeguard their legitimate rights and interests in the following ways:
One way of safeguarding rights: negotiation
After a labor dispute occurs, the laborer can reach a new agreement through consultation with the employer or the party at fault can correct the mistake and eliminate the dispute.
The second way of safeguarding rights: mediation
After a labor dispute occurs, the laborer may apply to the labor dispute mediation committee of the unit for mediation. An application for mediation shall be filed within 30 days from the date when he knows or should know that his rights have been infringed.
The third way of safeguarding rights: arbitration
Arbitration is a necessary procedure to deal with labor disputes. Workers applying for labor dispute arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of the labor dispute. The scope of labor disputes accepted by the labor dispute arbitration commission includes: disputes arising from dismissal, delisting, dismissal of employees, resignation of employees and voluntary resignation; Disputes arising from the implementation of state regulations on wages, insurance, welfare, training and labor protection; Disputes arising from the performance of the labor contract; Other labor disputes stipulated by laws and regulations.
The fourth way of safeguarding rights: litigation
If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 05 days from the date of receiving the arbitration award. However, it should be noted that the court will not accept labor dispute cases that have not been arbitrated by the Labor Dispute Arbitration Commission.
The fifth way of safeguarding rights: supervising and reporting complaints
Article 85 of the Labor Law stipulates that "the labor administrative department of the people's government at or above the county level shall supervise and inspect the employer's compliance with labor laws and regulations according to law, and have the right to stop the violation of labor laws and regulations and order it to make corrections. Article 88 stipulates that "any organization or individual has the right to report and accuse violations of labor laws and regulations. "Accordingly, when workers find that their labor rights and interests have been violated, they should report to the labor security supervision department in a timely manner.
The sixth way of safeguarding rights: letters and visits
When workers' labor rights and interests are infringed, they can also report to trade unions, women's federations and government petition departments at all levels through letters and visits.
Of course, which method is most suitable for your situation, the most direct way is to consult a lawyer first, and the lawyer can match your rights protection path according to your specific situation and get reasonable compensation as soon as possible.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 39 of People's Republic of China (PRC) Labor Contract Law
In any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.