Zero Defects Should Be Removed From The Labor Contract Procedure.

The judge of the people's Court of Haidian District, Beijing, who heard the case, explained that generally speaking, judging whether the employer or worker should rescind the labor contract should be considered from two aspects: the entity and the procedure. Among them, from the dissolution of the entity, thirty-ninth, fortieth and forty-first of the labor contract law stipulate that the employer can terminate the labor contract.

In case of the following circumstances, the employer may rescind the labor contract: it is proved to be unsuitable for employment during the probation period; it is in serious violation of the rules and regulations of the employing units; serious dereliction of duty, malpractice and serious harm to the employing unit; the laborer at the same time establishing a labor relationship with other employing units, which seriously affects the completion of the work tasks of the unit, or refuses to make corrections by the employing unit; if he or she takes advantage of fraudulent or coercive means or takes advantage of the danger, it may cause the other party to conclude or change the labor contract in violation of the true meaning, and be investigated for criminal responsibility according to law.

In case of any of the following situations, the employer must notify the worker himself in writing 30 days in advance or pay the employee one month's wages. Labor contract If a worker is ill or not injured by work, he or she can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit. If the worker is not competent, after training or adjustment of his post, he is still not competent for the work, and the objective situation based on the conclusion of the labor contract has undergone significant changes, resulting in the failure of the labor contract to be fulfilled. Worker Negotiations failed to reach agreement on the contents of the labor contract changes.

The law stipulates that the employer shall be responsible for the labor dispute arising from the decision of the employer to dismiss. Burden of proof 。 In view of this, the employer must terminate the labor contract strictly in accordance with the provisions of the law, and at the same time, bear the burden of proof for the lifting of the case, proving that the reason for its termination is in conformity with the law, otherwise it will face adverse legal consequences. In this case, the electromechanical center has no evidence to prove that Mr. Li seriously violated the rules and regulations of the mechanical and electrical center during the probation period.

From the point of relieving the procedure, the employer should notify the laborers of the termination of the labor contract, and the employer should deliver the notice of the termination of the labor contract to the laborer in an effective way. If the procedure is illegal, the result of illegal termination will be directly caused. Similarly, if there is any defect in the procedure for relieving the notification, it will result in the lifting of the legal effect. "In this case, the employing unit orally exercises understanding of ex rights, and the reasons for lifting the matter are not determined in writing. As the law stipulates that the employer has the burden of proof for the lifting of the cause and its legality, if the employer fails to prove that it has spoken orally, it will face the legal risk of breaking the law." The judge said. In summary, the court recommends that employers should strictly abide by the law, and implement them as far as possible, so as not to cause unnecessary trouble in the future.