Legal analysis
The dissolution of a labor contract must have corresponding legal provisions. The employer may unilaterally terminate the labor contract without consulting with the laborer, and the employer may decide whether to terminate the labor contract of qualified laborers according to its own situation. Serious violation of labor discipline in this article can be identified according to relevant laws and regulations, and the behavior must reach a serious level. Violation of labor discipline must comply with the provisions of national laws and regulations, and rules and regulations that conflict with national laws and regulations are not binding. Major damage in this article shall be stipulated by the internal rules of the enterprise. When an employer terminates a labor contract according to this article, it must meet two conditions: first, the employee's dereliction of duty and graft must be serious; second, the employee's behavior must cause great damage to the interests of the employer. If the laborer stays at home because of the illegal behavior of the unit, it is impossible for the laborer to violate the labor discipline, so the unit has already violated the law first. If the labor contract is unilaterally terminated, it is a serious violation of the labor law. If the labor contract is unilaterally terminated, the employing unit shall pay the economic compensation equivalent to one month's salary to the laborer for each year of working years. If economic compensation is not given to the workers according to the regulations, a certain compensation fee shall be paid according to the amount of economic compensation. After the termination of the labor contract, the employer shall also pay the corresponding living allowance according to the standard salary of the laborer.
legal ground
Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved not to meet the employment conditions during the probation period; (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.
"Interim Provisions on Payment of Wages" Article 18 Labor administrative departments at all levels have the right to supervise the payment of wages by employers. If an employing unit commits one of the following acts that infringe upon the legitimate rights and interests of workers, the labor administrative department shall order it to pay wages and economic compensation to the workers, and may also order it to pay compensation: (1) Deducting wages from the workers or failing to pay wages without reason; (2) refusing to pay overtime wages to laborers; (3) paying workers' wages below the local minimum wage standard. The standards of economic compensation and compensation shall be implemented in accordance with the relevant provisions of the state.