Secondly, when employees violate discipline seriously, it should be legal and reasonable for the company to unilaterally terminate the labor contract with the employees who violate discipline. First of all, enterprises should have a legal rules and regulations. Second, the burden of proof lies in whether there is any serious violation of discipline in the enterprise, so the enterprise should pay attention to the formulation and collection of written documents in the daily management process, and it is best to have written confirmation from the employees who violate discipline. Third, the procedures for enterprises to terminate labor contracts should be legal. According to Article 43 of the Labor Contract Law, if the employer unilaterally terminates the labor contract, it shall inform the trade union of the reasons in advance. If the employer violates laws, administrative regulations or the provisions of the labor contract, the trade union has the right to ask the employer to correct it. The employing unit shall study the opinions of the trade union and notify the trade union of the results in writing. Only when the above three conditions are met can it be legal to terminate the labor contract. If the decision to unilaterally terminate the labor contract is made without the above three conditions, there will often be the risk of resuming the labor relationship with the laborer or paying the laborer double the economic compensation standard because of the lack of legal facts.
Finally, only by dealing with employees who violate discipline legally and reasonably can enterprises build a harmonious labor-capital relationship, reduce labor costs and benefit both parties to the labor contract. (Lawyer Wang Jianzhong)