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    Is "Joint Punishment" Acceptable?

    2016/3/14 22:32:00 12

    WorkplaceMergerPunishment

    Our unit has an employee whose quality of work is always unsatisfactory.

    Sometimes there are minor violations.

    Every time she points out her shortcomings, her attitude is correct, but the effect of rectification is not obvious, perhaps it is ability.

    For this reason, we want to terminate the labor contract ahead of time, and we don't know which system to apply.

    Because the unit system is relatively general, she may take up one or two, but it can not reach the degree of dissolution.

    Then can we come to a "combined punishment" and end the execution?

    Xiao Ming:

    To terminate the contract is a very serious matter. The law also has strict application. As an employer, it must be cautious or cautious, otherwise it will bear the corresponding legal liability.

    At present, according to your introduction, I think the basis or shortage of your employee's contract is relieved.

    Generally speaking, there are mainly ten legal reasons for the employer to unilaterally rescind the law: (1) during the probation period, it is proved that it does not conform to the employment conditions; (two) a serious violation of the rules and regulations of the employing units; (three) serious dereliction of duty, malpractice, and serious harm to the employer; (four)

    Worker

    At the same time, establishing labor relations with other employers will seriously affect the completion of the work tasks of the unit, or refuse to make corrections by the employing units. (five) the labor contract is invalid because of the first provision of article twenty-sixth, paragraph 1 of the labor contract law; (six) criminal responsibility is investigated according to law.

    (seven) if a worker is ill or injured, he or she can not engage in the original work after the prescribed medical treatment expires.

    Employing unit

    Work done separately; (eight) laborers are not competent, and after training or adjustment of jobs, they are still not competent for the work; (nine) the objective situation based on the conclusion of the labor contract has undergone major changes.

    Labor contract

    If the employer fails to fulfill the contract, the employer and the employee can not reach an agreement on the contents of the labor contract alteration.

    (ten) economic layoffs.

    Combined with the performance of the employee, there may have been a late time, there have been two mistakes, but at least did not meet the requirements of your rules or regulations, otherwise you would have dismissed.

    Of course, these minor mistakes can not be accumulated and cannot be counted as general ledgers. The problem is that you certainly lack the basis for accumulating penalties, otherwise you will not be in trouble.

    So at the moment, you must not simplify it, and assume that the "merger" of minor mistakes can be carried out in the top of the board to "lift", which is risky.

    What do you want to do now? First, you have to build the whole system and perfect the reward and punishment system. Two, we must establish a comprehensive assessment method, in particular, we should grasp the evidence of employees' shortcomings and errors. Three, we should apply them according to the law, such as "workers are not competent, they have not been trained or adjusted to jobs".


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    Is It Necessary To Sign A Written Contract During The Statutory Delay?

    It is not illegal for employers to terminate their labor contracts. In practice, it is not correct to understand that female workers can not terminate the labor contract if they are in the "three phase".

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