Article 39 of the Labor Contract Law stipulates that 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;
Can the employer terminate the labor contract when the driver is drunk driving? Article 39 of China's "Labor Contract Law" stipulates: "If a worker has one of the following circumstances, the employer may terminate the labor contract: (1) If it is proved that it does not 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 Article 26 of this Law; (6) Being investigated for criminal responsibility according to law. "
Administrative detention is a common administrative punishment for offenders in China's Public Security Administration Punishment Law, not a criminal punishment. So you were detained in administrative detention for 15 days, but you were not investigated for criminal responsibility according to law, so the unit can't expel you. However, if your company has rules and regulations that "employees are detained administratively and the company can terminate the labor contract", the company can terminate the labor contract with you according to these rules and regulations. However, the rules and regulations must be formulated through democratic procedures and publicized to the employees of the unit, otherwise they will not have legal effect on you. You can protect your legitimate rights and interests by applying for labor arbitration.
How to judge the drunk driving will be sentenced by the court to less than six months of criminal detention and fined several thousand yuan?
If the blood alcohol content does not exceed 200 mg/100 ml, and there are no heavier punishment circumstances such as driving without a license and previous record of drunk driving, a suspended sentence may be imposed.
The second paragraph of Article 133 of the Criminal Law stipulates: whoever drives a motor vehicle to chase after a race on the road, if the circumstances are bad, or drives a motor vehicle on the road drunk, he shall be detained and fined.
Opinions of the Supreme People's Court, Ministry of Public Security of the Supreme People's Procuratorate on several issues concerning the application of law in handling criminal cases of drunk driving motor vehicles;
A, driving a motor vehicle on the road, the blood alcohol content reached more than 80 mg/100 ml, belong to drunk driving a motor vehicle, in accordance with the provisions of the first paragraph of Article 133 of the Criminal Law, convicted and punished for dangerous driving.
The "roads" and "motor vehicles" mentioned in the preceding paragraph shall be governed by the relevant provisions of the Road Traffic Safety Law.
Two, drunk driving a motor vehicle, one of the following circumstances, in accordance with the provisions of the first paragraph of Article 133rd of the Criminal Law, a heavier punishment:
(1) Causing a traffic accident, taking full or main responsibility for the accident, or causing a flight after a traffic accident, which does not constitute other crimes;
(2) The alcohol content in blood reaches 200mg/65438 000 ml;
(3) Driving on expressways and urban expressways;
(four) driving a motor vehicle to carry passengers;
(five) serious violations of the road traffic safety law, such as serious overcrowding, overloading or speeding, driving a motor vehicle without driving qualification, and using forged or altered motor vehicle license plates;
(6) evading the inspection by the public security organ according to law, or refusing or obstructing the inspection by the public security organ according to law, which does not constitute other crimes;
(7) Having been subjected to administrative punishment or criminal investigation for driving a motor vehicle after drinking;
(eight) other circumstances that can be severely punished.
There is no need for the employer to terminate the contract.
Drunk driving and escaping, how to sentence drunk driving and escaping for nearly two months, the nature is very serious, according to the criminal law should be more than seven years in prison. Because the victim's family has a letter of understanding, there should be a commutation, but the probation is not easy to estimate.
How to judge Yan's drunk driving a motor vehicle? Those who have caused no casualties and are suspected of dangerous driving shall be sentenced to criminal detention of not more than six months.
How many years is a simple drunk driving sentence? Drunk driving will be investigated for criminal responsibility as a driving crime!
Those who drive a motor vehicle drunk shall be restrained by the traffic administrative department of the public security organ until they wake up, and their motor vehicle driving licenses shall be revoked. Those who are investigated for criminal responsibility according to law shall not re-obtain their motor vehicle driving licenses within five years.
Lawyer Wang of Shandong Kangqiao Law Firm will give you an answer!
Drunk driving detention for six months? The court sentenced him to six months' detention, and there was no other way. I can only arrange my family affairs to serve my sentence.
You can apply for two days' home leave every month.
Learn your lesson and don't drink and drive after you get your driver's license.
What will be the sentence if someone hits you while drunk driving? First of all, you should distinguish between drunk driving and drunk driving, and you should bear corresponding civil liability for drunk driving and dangerous driving.
How does the employer compensate for the termination of the contract? If the company dismisses you without legal reasons, it is illegal to terminate the labor contract, and you have to pay two months' salary as compensation for every year you work. Calculate the salary standard with the average salary of 12 months before your resignation. If you resign voluntarily, there is no financial compensation. If the company is dissolved due to illegal reasons or due to production and operation reasons, there will be compensation, and one month's compensation will be paid for each year of work.