Ministry Of Labor: There Is No Legal Basis For Enterprises To Implement The Final Elimination System.

Dong Ping, deputy director of the Ministry of labor and social security of the Ministry of labor and wages, said in Shenzhen 12 days that the "last elimination system" adopted by many units and enterprises had no legal basis. Dong Ping made the above remarks when he participated in the Foxconn Technology Group's "labor contract law" special forum. He said that unqualified examination and incompetent work are two different things, because the final assessment, the employer unilaterally dissolve the labor contract relationship is unreasonable. Because 100 people may be involved in the examination, so that everyone has exceeded 80 points, and have completed certain tasks. Dong Ping said that many enterprises are now willing to adopt the "final elimination system". In the labor contract law, the clause "the terminating condition of a labor contract can be stipulated by both parties" has been deleted. The termination of labor contracts by employers can only be based on the fourth chapter of the labor contract law. Of course, if the employee can not complete the examination, it is possible for the enterprise to change its job position, or to train and mount again. Xie Liangmin, Vice Minister of the Legal Affairs Department of the all China Federation of trade unions, said that whether the work should be done on the basis of whether or not to complete the labor standards stipulated by the enterprises, but the same positions in different enterprises have different labor standards, so enterprises should work out the corresponding labor standards. Of course, this standard should be worked out jointly by the enterprise and the workers, and the enterprise has the final say, and the standard is set high, so that the staff can not finish it.