Legal analysis
Units cannot lay off employees at will. Pre-notice dismissal refers to the behavior of an enterprise to dismiss employees by giving 30 days' notice in advance or paying a payment in lieu of notice according to law. The dismissal of employees by employers is essentially one of the reasons for the termination of labor contracts. The dissolution of a labor contract refers to the legal act that one or both parties to the labor contract terminate the labor relationship in advance for some reason after the labor contract is concluded and before it is fully performed. Because of the great significance of the termination of the labor contract, the labor law has made strict provisions on its conditions and procedures. Employers must abide by strict legal conditions and procedures when dismissing employees, and can resign without rhetoric. Illegal dismissal is mainly manifested in three categories: insufficient factual basis for dismissing employees; The legal basis for dismissing employees is inaccurate; The operating procedure of dismissing employees is illegal. The above three kinds of illegal dismissal will often bring huge legal risks to the company's operation and management. During the probation period, employees shall not be dismissed at will, and there should be factual and institutional basis for dismissing employees who are at fault. Economic layoffs must meet legal conditions and perform legal procedures. If it is confirmed that the employee is dismissed illegally, the legal consequences faced by the employer are to continue to perform the original labor contract, default the employee's salary, or bear the double indemnity who illegally terminates the labor contract; If the dismissal is recognized as legal, the employer will face the legal consequences of paying economic compensation and payment in lieu of notice to employees.
legal ground
People's Republic of China (PRC) labor contract law
Article 40 In case of any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary: (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 prescribed medical treatment period 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 it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment 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.