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Can The "Combined Punishment" Be Paid Close Attention To?

2016/3/22 22:34:00 27

Legal SystemCombined PunishmentLabor Laws And Regulations

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 one to apply.

system

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,

Law

The statutory reasons for a unilateral lifting of a prescribed employer can be classified into ten main categories: (1) it is proved to be inconsistent with the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employing units; (three) serious dereliction of duty, malpractice and serious damage to the employing units; (four) the establishment of labor relations with other employers at the same time will seriously affect the completion of the work of the unit, or the employer refuses to correct it; (five) the labor contract is invalid because of the provisions of paragraph 1 of article twenty-sixth 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 on which the labor contract is concluded has undergone significant changes, resulting in the failure of the labor contract to be fulfilled, and the employer and the laborers have not been able to reach an agreement on the contents of the labor contract change through consultation between the employer and the laborer.

(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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