After Adjusting Posts, They Are Still Not Competent To Be Fired. They Can Claim Economic Compensation.

When I first joined a marketing company, because of introverted personality, lack of public relations ability and marketing experience, my performance has not been able to meet the requirements of the company, so the company changed my position on the grounds that I was not competent.

After a period of time, according to the relevant assessment standards, the company confirmed that I was still not competent in the new position, so I fired me.

I asked the company to issue economic compensation, but the other side said: "the termination of the contract is entirely your fault, the company has no responsibility, where the economic compensation."

Excuse me, is the company's statement correct?

The company's claims are untenable, and they should pay you economic compensation.

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"The fortieth provision provides:" in case of any of the following circumstances, the employer may terminate the labor contract in writing in 30 days ahead of time, or pay the worker 1 months' salary in writing.

(1) if a worker is ill or injured, 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.

(two) workers are not competent, after training or adjustment.

They are still not competent.

(three) there is a major change in the objective situation on the basis of the conclusion of the labor contract, resulting in the failure of the labor contract to be fulfilled. After negotiations between the employer and the laborer, the agreement on the alteration of the labor contract can not be reached.

It can be seen that laborers are not competent for their jobs, and after training or adjustment of jobs, they are still not competent for the work. The employing units have the right to terminate the labor contracts in accordance with the law.

However,

Being incompetent is a matter of personal ability rather than subjective fault. This is fundamentally different from the "serious violation of the rules and regulations of employers" stipulated in the thirty-ninth clause of the labor contract law.

If a worker's labor contract is terminated because of serious violation of rules and regulations, the laborer can not get financial compensation. If the employer dismissal the laborer on the grounds that he is unable to do his job, after training or adjustment of his job position, the employing unit shall abide by the forty-sixth article of the labor contract law, "the employer shall rescind the labor contract in accordance with the fortieth provision of this law, and the employer shall pay the economic compensation to the laborer".

Therefore, for the marketing company's refusal to pay economic compensation, you can safeguard your legitimate rights and interests through applying for labor dispute mediation, arbitration or litigation.