Whether it is legal to dismiss workers because of their bad mentality depends on whether the rules and regulations of the employer have legal effect and should meet three conditions: first, the formulation should go through democratic procedures; Second, the content must be legal; Third, we should publicize it to workers. ?
If the rules and regulations do not meet the above three conditions, the employer is suspected of violating the law by dismissing the employee because of his bad mentality, and shall pay compensation according to the working years of the employee, and pay two months' salary for each year of work as compensation. ?
If the rules and regulations meet the above three conditions, and they are seriously violated, the employer will dismiss the employees according to law on the grounds that they have a bad mentality and will not pay economic compensation. ?
Article 39 of the Labor Contract Law 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. ?
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. ?
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years. ?
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract. ?
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law. ?
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Case: Can the laws and regulations of the employer be used as the basis for finalizing the case?
Recently, the case of labor dispute between Chen Hai (pseudonym) and a transportation company in Yulin has come into effect, and the Yuzhou District People's Court ruled that Chen Hai's claim for a transportation company in Yulin to pay compensation for the termination of the labor contract was rejected. After the judgment of the first instance, Chen Hai refused to accept the appeal, and the final judgment of Yulin Intermediate People's Court rejected the appeal and upheld the original judgment. ?
Chen Hai started to work in the bus station of a transportation company in Yulin in July 2003, and was transferred to the security department of Yulin head office as a security officer in February 20 10. On March 8, 2008, a transportation company in Yulin was approved by the workers' congress, and issued the internal rules and regulations "Opinions on Amending the Provisions on Rewards and Punishment for Employees of a Transportation Company in Yulin" (YF [2008] No.36). Article 11, paragraph 12 of the rules and regulations stipulates that "continuous absenteeism (which can be calculated month by month) reaches 5 days, and the cumulative absenteeism time in one year reaches 10 days. Article 14 stipulates that "the organizer of fighting, fighting, Mark Six lottery and gambling in the production area, or who participates in fighting, fighting, Mark Six lottery and gambling activities or is detained by the public security organ for violating laws and regulations, may terminate the labor contract"; Chen Hai signed the rules and regulations on March 25th, 2008. ?
On February 30th, 20 10, Chen Hai signed a three-year fixed-term labor contract with a transportation company in Yulin, from February 2nd to October 30th. On April 25th, 20 13, he molested Tan in a residential area of Yulin City, and on April 26th, 20 13, he was sentenced to administrative detention by Yuzhou Branch of Yulin City for 7 days. ?
In view of the fact that Chen Hai's behavior has violated the law, a transportation company in Yulin has been transferred. On May 3, 2065438, Chen Hai handed over the work with a transportation company in Yulin. After the handover, a transportation company in Yulin thought that Chen Hai no longer worked in the company. On May 13, it issued a transfer order to transfer Chen Hai from the security department to the human resources department, and asked Chen Hai to arrive in Yulin before May 20 13. ?
However, Chen Hai did not report to the human resources department of the company as required. Under the company's repeated urging, the company could not transfer Chen Hai's work until June 3, 20 13. On June 3, 2065438, a transportation company in Yulin issued document [20 13] No.58, which confirmed that Tan was guilty of indecency on April 25, 20 13, and that he was absent from work continuously from May 2065438 to June 3, 2013. ?
Chen Hai sued the court, demanding that a transportation company in Yulin pay compensation for the termination of the labor contract. ?
After hearing the case, Yuzhou District Court held that the rules and regulations such as "On Amending the Provisions on Rewards and Punishment for Employees of a Transportation Company in Yulin" formulated by a transportation company were formulated by the company and distributed to all departments of the company, and Chen Hai also understood this. As an employee of a transportation company in Yulin, Chen Hai should abide by the company's rules and regulations. ?
From May 7, 2065438 to June 3, 2065438, Chen Hai refused to accept the company's post transfer, did not report to the company's human resources department, and did not report to the company. His behavior constitutes continuous absenteeism 14 days. A transportation company in Yulin was arrested by the police on April 25th, 20th/KLOC-0th/3rd for its absenteeism and illegal behaviors. ?
China People's Congress Network-People's Republic of China (PRC) Labor Contract Law
Yulin Intermediate People's Court Network-The laws and regulations of the employer can be used as the basis for finalizing the case.