The Standard Of "No Job" Is Difficult To Formulate.
Labor law gives the enterprise the right to dismiss workers unilaterally on the grounds of "no job", stipulates that "workers are not competent, and they are still not competent to work after training or adjustment of jobs".
However, when a company unilaterally dismisses employees on the grounds of "no work", the winning rate of the enterprises is less than 10% when the employees and enterprises are in court. It is because the enterprises bear the burden of proof that the employees are "unfit for work" and "after training or adjustment jobs are still not competent".
And the probability that a company dismisses a worker on a case of violation of discipline is likely to win a lawsuit.
Resignation
No lawsuit is necessary.
Although the labor law has given the enterprises the right to dismiss employees who are "unfit to work", the principle laid down will make them lose money if they fail to operate well.
But after all, the enterprise is a manager and has the right to punish employees. If the employee who wishes to quit, if he finds fault, he can be dismissed immediately by serious disciplinary violation.
For employees who want to dismiss but not enough for serious discipline, enterprises can also change jobs and lower wages.
welfare
To deceive or force employees to resign.
The company dismisses workers under the name of "no job". The workers can get more than 1 months' wages and get the economic compensation for the termination of the labor contract, and the employees are dismissed because of serious violation of discipline or resigned.
From the point of view of enterprise development, a dynamic enterprise should also have employees.
compete
We must follow the rule of survival of the fittest.
In fact, many enterprises have early on the "unsuccessful job" staff punishment standards, such as the end of the comprehensive assessment, unqualified to deduct the year-end award or salary reduction, pfer posts and other administrative sanctions, but not the most severe "dismissal".
The "last resort" system, which was once popular in enterprises, was written into the rules and regulations of enterprises as a management innovation.
The implementation of "last elimination" is the "living standard". The employees who check the last rank will be eliminated from the job without asking the reason, but the "elimination of the last position" may be suspected of breaking the law if it involves the dismissal of employees.
In the name of "not being able to work", it is very easy to dismiss employees if they do not have the bottom line.
Therefore, it is really too difficult to make the rules of "no job" detailed and formulate standards for enterprises to operate.
The "standard" is loose, and enterprises may have arbitrary infringement on employees' rights and interests.
With strict standards, enterprises will still take other forms of dismissal.
In fact, the key is not the standard of "not being able to work", but the third party trade union to supervise the labor and capital sides to exercise their rights and obligations according to law.
If the company has fulfilled its statutory obligations, it will have a higher winning rate in the case of dismissal of employees who are unable to work.
If employees fulfill their obligations, they will avoid being terminated on the grounds of serious violation of rules and regulations.
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