Can Dismissal Of "Short Time" Units In Golden Week Be Dismissed?

Zhao Meijuan is a senior technician in a company.

On the eve of the National Day holiday in 2015, a unit hoped that she could use the holiday to repair machines and equipment, and promised a handsome reward.

Zhao Meijuan felt idle and idle, and agreed to come down.

And when Zhao Meijuan went to the repair shop as scheduled, the company leader who had heard the news called Zhao Meijuan, saying that he could not "work part-time" even during the vacation, and asked her to stop immediately.

But Zhao Meijuan felt that his activities during the statutory holidays had the right to govern himself, and the company had no right to interfere, so he ignored it.

Unexpectedly, when Zhao Meijuan returned to work in the company after the holidays, he was really taken over by the company.

Now.

Comment: Although Zhao Meijuan only uses national day

Outside the "short time", but when there is still labor relations with the company, this behavior is also part time job.

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"The thirty-ninth clause, the fourth provision, establishes a labor relationship with other employers at the same time, has a serious impact on the completion of the work tasks of the unit, or the employer may rescind the labor contract if the employer proposes to refuse to correct it.

That is to say, the key to terminating the labor contract lies in the influence of part-time work on the employer and the attitude of the employer.

In this case, the company has made it clear that Zhao Meijuan must stop immediately, while Zhao Meijuan ignored it, so the company unilaterally lifted its labor contract.

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Q: 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 finally discharge it?

Answer: lifting 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 presentation, you have no basis for the dissolution of the employee contract.

Generally speaking, there are mainly ten legal reasons for the employer to unilaterally rescind the law: (1) during the probation period, (two) serious violation of the rules and regulations of the employing units; (three) serious dereliction of duty, malpractice and serious harm to the employing units; (four) the laborers establish labor relations with other employers at the same time, which seriously affect the completion of the work tasks of the unit, or refuse to make corrections by the employing units; (five) the labor contracts are invalid due to the conditions stipulated in the first paragraph of article twenty-sixth of the labor contract law; (six) they are investigated for criminal responsibility according to law.

(seven) 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. (eight) the worker is not competent for the work, and after training or adjustment of his post, he is still not competent for the work. (nine) the objective situation on which the labor contract is concluded has undergone significant changes, resulting in the labor contract being unable to fulfill, and the employer and the laborer have not negotiated the contents of the labor contract.

(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".