Three Ways For Employing Units To Relieve Labor Relations With Employees

Definition is different.

Dismissal refers to the most severe form of administrative sanction given to enterprises, public institutions and state organs, etc.

It is a behavior of employing a unit to dismiss workers, and it refers to a compulsory measure for the employer to terminate labor relations with employees for some reason.

Delisting refers to a kind of administrative handling measures to forcibly remove labor relations by employing units, which are often absent from work without justified reasons, and are ineffective through criticism and education, and whose time of absenteeism exceeds the statutory time limit.

Classification and time limit for examination and approval are different.

Dismissal is an administrative sanction, and the limitation of treatment is 5 months from the date of confirmation of the worker's mistake.

Delisting and disciplinary dismissal belong to administrative treatment. There is no specific time limit for examination and approval. However, the principle requires that workers who commit mistakes should be dealt with in a timely manner, and they should not procrastinate without any delay.

Applicable objects and conditions are different.

The expulsion of punishment is applicable to employees who are seriously violating laws and disciplines. It mainly includes the following situations: (1) sentenced to prison; secondly, two times of detention through labor were cancelled;

The conditions for removing the names are: (1) employees often absences from work without proper reasons; secondly, criticism education is invalid; third, the number of days of absenteeism is reached, that is, the continuous absenteeism time exceeds 15 days, or the total absenteeism time within 1 years is more than 30 days.

Disciplinary dismissal is applicable to the dismissal of state owned enterprises.

One of the 7 erroneous acts listed in the second article of the Provisional Regulations for workers and staff members who are invalid by education or administrative sanctions.

The conditions for disciplinary dismissal are: (1) the workers violate the prescribed discipline or wrong behavior; second, they are still invalid after education or administrative sanction;

The implementation procedures are different.

The dismissal shall be made by the director (Manager) according to the relevant regulations, and shall be discussed and decided by the workers' Congress.

In accordance with the Interim Provisions on the dismissal of employees in violation of discipline by state owned enterprises, disciplinary actions should be made by the workshop and departments concerned. After hearing the opinions of the trade unions, the factory director (Manager) will decide to dismiss them.

There are no specific procedures for the delisting, but in practice, many enterprises refer to the procedures for dismissal of disciplinary staff, and the decision is made by the director (Manager) after soliciting the opinions of the trade union.

Employers are not required to pay financial compensation for expulsion of disciplinary staff.

According to the thirty-ninth provision of the labor contract law, if the employer has sufficient evidence to prove that the employee's behavior is a serious violation of the rules and regulations of the enterprise, and the fact of the existence of the act, and to ensure the integrity and effectiveness of the evidence chain, there is no need to pay the employee.

。

Dismissal of employees should be compensated by mutual negotiation.

If the employer terminates the labor contract through consultation between the parties concerned, the employer shall, according to the working life of the laborer in the unit, grant an economic compensation equivalent to one month's salary for a full year at most, not exceeding 12 months.

Those who work for less than one year will be given economic compensation according to one year's standard.

If the employee is removed from the company's rules and regulations, the employer will not have to pay the compensation.

However, the employer must have sufficient evidence to prove that the employee has reached a "serious" level, and the rules and regulations must be discussed and indicated by staff.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.