Is it legal for the company to dismiss employees because of poor performance?

Legal analysis: breaking the law and poor performance do not mean incompetence. Incompetent work in People's Republic of China (PRC) Labor Law refers to the inability to complete the tasks agreed in the contract as required or the workload of the same type and position personnel. Workers who are not competent for the job should also be transferred or trained by the employer, and they must be given job opportunities. Employees who are still incompetent after job transfer or training may be dismissed. It is illegal for the employer to directly terminate the labor relationship because of the poor performance of the workers, and it should pay compensation to the workers.

Legal basis: Under any of the following circumstances in Article 26 of the Labor Law of People's Republic of China (PRC), the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the medical treatment expires; (two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post; (3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.