Legal analysis
The employer may not unilaterally terminate the labor contract, including: the employee suffers from occupational disease or work-related injury and is confirmed to have lost or partially lost the ability to work; Being sick or injured within the prescribed medical treatment period; Female employees during pregnancy, maternity leave and lactation; Other circumstances stipulated by laws and regulations. The termination of a contract is an act that the contractual relationship is destroyed because of the expression of will by one or both parties after the contract is effectively established. Incompetence refers to the inability of workers to complete the tasks agreed in the labor contract or the workload of people in the same position as required. However, the employer shall not intentionally raise the quota standard, so that the workers cannot complete it. If the laborer can't complete the task of a certain post, the employer can provide him with vocational training to improve his vocational skills, or transfer him to a competent post to help him adapt to the new post. If the employer has fulfilled these obligations, but the employee is still incompetent, it means that the employee does not have the professional ability in the employer. The employer may terminate the labor contract with the employee on the premise of giving a written notice 30 days in advance or paying the employee an extra month's salary. The employing unit shall not, on the grounds that the laborer is not competent for the job, transfer the laborer's post or increase the labor intensity without authorization, and terminate the labor contract.
legal ground
Labor law of the people's Republic of China
Article 24 A labor contract may be dissolved after the parties to the labor contract reach an agreement through consultation.
Article 25 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 labor discipline or the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the interests of the employer; (4) Being investigated for criminal responsibility according to law.
Article 26 Under any of the following circumstances, the employing unit may terminate the labor contract, but it shall notify the employee in writing 30 days in advance: (1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employing unit after the medical treatment 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 the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.