The company has given three warning letters, but it can't be dismissed without compensation. The warning letter issued by the company is generally aimed at minor violations of company regulations. It depends on whether you have seriously violated the company's rules and regulations or neglected your duties, causing great losses to the company. In the following cases, the dissolution of the company is legal and no compensation is required. It is proved that it does not meet the employment conditions during the probation period; Seriously violating the rules and regulations of the employing unit; Serious dereliction of duty, graft, causing great damage to the employer; 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; The labor contract is invalid; If the company is investigated for criminal responsibility according to law and dismisses its employees without justifiable reasons, it is illegal to terminate the labor contract, and it should pay 2 months' salary as compensation for each year of work. The salary standard is calculated according to the average salary of the employee before 12 months, which is the average of all salaries.
Legal analysis
Article 46 of the Labor Contract Law of People's Republic of China (PRC) is under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it; (6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law; (seven) other circumstances stipulated by laws and administrative regulations.