After the employer signed a labor contract with the worker, it is not possible to freely relieve labor contracts.
Employers In some cases, unfairly unpacking will be unfairly unpaid; some cases can unilate the labor contract, but require early notice, and need to compensate for the workers. Of course, the employer can also agree with the laborer, and the protocol will demonstrate the labor contract. From the information obtained from this case, it is not possible to determine the employer's informational elimination of workers. The outbreak of the exemption is unilateral, non-compensated to dispense the labor contract, here is discussed here (the discussion below is based on this assumption, cannot be determined whether it is true):
Article 25 of the Labor Law stipulates that the laborer has one of the following circumstances, and the employer can release the labor contract at any time:
1. It is proven to be invisible for hiking conditions during trial;
2, serious violation of labor discipline or employer's rules and regulations;
3, serious dereliction of duty, private fraud, major loss on the interests of employers;
4. It is investigated for criminal responsibility according to law.
In this case, the most important reasons for employees will be based on the second paragraph of this article "Wrantor violates labor discipline or the employer of employer".
Then, if you have eliminated the reasons listed in the record, is it sufficient to constitute a "serious violation of labor discipline or employer regulations" (hereinafter referred to as serious violations), the employer can release the contract at any time?
Because of the serious violation of labor, the unit must have clear and legal rules and regulations. Its so-called "clear" requirements are: units must be able to take out rules and regulations in accordance with the form of law, to prove that employees have indeed violated the corresponding system, and the degree is serious, and two points are unable.
First, the employer and the laborer have signed the employment contract, and the employer should clearly agree that "serious violations", such as the document such as the employee manual.
Second, the laborer must fully know, such as the employee manual must be sent to the employee, the employee sign, or organize employees to learn.
Finally, the behavior of employees does violate the corresponding system, while the degree is serious, affecting the normal production of the employer, the management order, such as violation of the operating procedures, damage to the production, business equipment, causing economic losses, and does not accept the normal work of employers. I don't accept the labor personnel management of employer, unreasonable, fight fight, spread rumors to harm the company's reputation.
If the employer does not know the regulations of serious violations, or even if there are provisions, employees do not know, or the impact of employees' misconduct is not serious, the employer is unable to demonstrate the labor contract in accordance with the relevant provisions of the Labor Law.
For this case, first, the employer should clarify the situation that is seriously disciplined in the case of the reasons of the labor contract, and guarantees that employees understand this provision. If there is no clear rules and regulations to seriously violate regulations The agreement, or employee does not know this, and the employer cannot be resigned.
Second, the employer should legal for serious violations, and the National People's Congress Law COD will relieve labor contracts in "Where is the company? "Talking about the behavior of the rules and regulations of the employee violates labor discipline or the employer, the behavior of the rules and regulations of the employer, mainly in violation of labor discipline, often late, absenteeism, negative and discipline, affect production, work order; negligence, violation of technical operating procedures and safety procedures , Damage equipment, tools, waste raw materials, energy; service attitude is poor, often quarrel with customers or damage consumer interests. The elimination table only because of the employee "the company's praise of the company" directly eliminated the employee, obviously inappropriate.
