If administrative punishment or criminal punishment is needed, it shall be punished by the corresponding administrative organ or judicial organ. If the employee is investigated for criminal responsibility according to law, the company may terminate the labor relationship with the employee.
Employees who violate company discipline shall be dealt with according to company rules and regulations; If the employee seriously violates the company's rules and regulations, then the unit can give the employee the treatment of dismissal. In this case, the unit does not need to pay the employee economic compensation. Employees who violate the company's discipline shall be dealt with according to the company's articles of association and company rules and regulations. The Articles of Association refers to the basic documents formulated by the company according to law, which stipulate the company's name, domicile, business scope, management system and other important matters, and it is also a necessary written document that stipulates the basic rules of the company's organization and activities.
The handling methods of employee violation of discipline are as follows:
1, administrative sanctions. Warning, demerit recording, gross demerit recording, demotion, dismissal, probation and dismissal;
2. Dissolution and termination of the labor contract. Immediate dismissal, dismissal due to serious violation of discipline, and notice of dismissal;
3. delisting. It is only applicable to the administrative treatment of workers' continuous absenteeism 15 days or cumulative absenteeism of 30 days in a year;
4. Take economic responsibility. Wage deduction shall not exceed 20%.
After the violation of discipline, collect evidence in time and fix the evidence of violation of discipline. Regarding the collection and fixation of evidence, employers can take the following measures:
1. Collect and fix evidence through some written records and electronic equipment;
2. Collect and fix evidence through witness testimony of other staff and other equipment;
3. Recording telephone calls by talking with workers;
4. The workers themselves admit it;
5. Form a chain of evidence through a series of evidences.
If an employee violates the company's rules and regulations, the employer should first listen to the opinions of the leaders of the department, because the department knows the employees best and is familiar with their situation, and the leaders of the department will put forward handling opinions according to the company's rules and regulations. Talk with employees who violate discipline, put forward handling opinions and listen to employees' opinions. After the employer makes a handling opinion, it should not be directly announced. We should tell the employees about the handling opinions, listen to their views on the handling opinions, and give them a chance to defend themselves. If the employee is reasonable, the company should modify the handling opinions.
To sum up, it is best for the employer to announce the handling of employees, which will also serve as a warning and education for other employees. At the same time, employers need to pay attention to the punishment of employees who violate discipline, and it is best for employers to let employees sign for preservation.
Legal basis:
Article 39 of People's Republic of China (PRC) Labor Contract Law
If the employer unilaterally terminates the labor contract (negligent dismissal), the employer may terminate the labor contract under any of the following circumstances:
(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.