The Basis For The Relief Of Labor Contract

< p > the relevant provisions of the law: < < a href= > http://cailiao.sjfzxm.com/ > > < < /a > > twenty-fifth stipulates: "if a worker has one of the following circumstances, the employer may rescind the labor contract: < /p >" a > ".

< p > (1) proved to be inconsistent with the employment conditions during the probation period; < /p >

< p > (two) serious violation of labor discipline or rules and regulations of employing units; < /p >

< p > (three) serious a href= "http://www.91se91.com/news/index_z.asp" > dereliction of duty < /a > malpractice, causing significant damage to the interests of employers; < /p >

< p > (four) be investigated for criminal responsibility according to law.

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< p > < < notice on the implementation of the Interim Provisions on the dismissal of employees in violation of discipline by state enterprises > > stipulates that enterprises should adhere to the principle of education and punishment as supplemented by violating discipline workers, earnestly do ideological education work, help them correct their mistakes, and dismiss those who are still invalid after education or administrative sanction.

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< p > Case Introduction: workers are commended by the director of the factory during their working hours, and Zhou wrote a check to indicate that they had corrected the mistake.

Thereafter, similar situations did not happen again.

After three months' lapse, a href= "http://www.91se91.com/news/index_q.asp" > dress < /a > works in Zhou's work is not serious. She goes to work to read magazines, and decides to terminate Zhou's labor contract on the grounds of incorrect education.

Zhou and garment factories signed a labor contract with no fixed term.

The judge withdrew the decision of the employer.

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< p > rescission of labor contract is the act of terminating labor relations in advance by both parties according to law.

This case involves one of the cases where the employer unilaterally terminates the labor contract, that is, negligent dismissal.

The so-called negligent dismissal means that the employee has the right to unilaterally terminate the labor contract when there are some major faults in the labor process.

The labor law stipulates that the employer may rescind the labor contract if the worker violates the labor discipline or the rules and regulations of the employing unit seriously.

The key to this case is whether Zhou is serious in violation of the rules and regulations of the unit. In the rules and regulations of the clothing factory, it is stipulated that workers should not read books during work hours, such as violation of discipline, light criticism and education, and no repentance.

Zhou read magazines in working hours, violating the rules and regulations of the clothing factory, and the clothing factory leaders criticized Zhou for doing so. Zhou also wrote a written examination.

As for the decision of the garment factory to terminate Zhou's labor contract, Zhou did not violate the rules and regulations of the enterprise again. Zhou's behavior did not constitute a serious violation of the rules and regulations. Because of a magazine, the garment factory was too strict and relieved of its reasons, and it did not conform to the spirit of the labor law. That is, under the conditions of guaranteeing the smooth implementation of the labor discipline and rules and regulations of the employer, it should adhere to the principle of education and give employees a chance to reform, so as to promote the harmonious and healthy development of the labor relations between the two parties.

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