The Enterprise Unilaterally Proposes To Terminate The Labor Contract And Legal Risks.

The labor law stipulates that the employer can immediately terminate the labor contract in one of the following circumstances without prior notice:

1. during the probation period, it is proved that it does not meet the recruitment requirements.

During the probation period, the employer can not unilaterally terminate the labor contract without any reason, and the employer can unilaterally terminate the labor contract during the probationary period. For employers, attention should be paid to: (1) when recruiting employees, the detailed employment conditions should be prepared according to the different requirements of the post; (2) the laborers should be inspected according to the above recruitment conditions at any time during the probation period; (3) when the laborers are found to be unqualified, they should notify the laborers to terminate the labor contract in written form. After the end of the probation period, the employer can not terminate the labor contract on the grounds that the probation period does not meet the recruitment requirements.

2. serious violation of labor discipline or rules and regulations of employing units;

For this reason, employers should formulate labor discipline and rules and regulations, strictly stipulate which behaviors constitute violation of rules and regulations, and make different penalties according to different behaviors. Workers will understand the consequences of their actions and prevent them from happening. In dealing with violations of rules and regulations, it is recommended to adopt the system of announcement, service to the parties, signature by the parties, and the establishment of a corresponding file management system. In case of disputes, employers can be justified.

3. serious dereliction of duty and malpractice, causing significant damage to the interests of employers;

If a laborer, such as a serious dereliction of duty, engages in malpractices and causes serious damage to the interests of the employer, if he or she is in the process of labor, the employer may dissolve the work at any time. contract It also requires workers to compensate for economic losses.

4. the establishment of labor relations with other employers at the same time will have a serious impact on the completion of the work tasks of the unit, or refuse to be corrected by the employer.

5. to make or change the labor contract in violation of the true meaning by means of fraudulent coercion or the danger of taking advantage of others.

6. be prosecuted according to law criminal responsibility Or reeducated through labor.

If a worker is investigated for criminal responsibility, the employer may cancel the labor contract at any time. The unit shall notify the worker in writing in time. If the worker is suspected of committing a crime, he is to be examined, detained or arrested by the relevant authorities. The employing unit may temporarily suspend the performance of the labor contract during this period, and the employing unit shall not have to bear the corresponding obligations stipulated in the labor contract.

For those who are sentenced by law to the people's court according to law, those who declare probation and those who are exempted from criminal punishment, although the provisions of the legislation can be dismissed, in practice, they may not be dismissed. In this case, the workers still have the freedom to perform the labor contract, and retaining their labor relations is more conducive to their transformation. Worker As a result of reeducation through labor, laborers must be forced to perform compulsory labour by means of reeducation through labor. At this point, the labor contracts concluded between the laborers and the employers have virtually failed to perform. Therefore, the employer can also be the fact that the workers are reeducated through labor and the workers can terminate the labor contract.

The legal risk caused by lack of evidence occupies a considerable proportion in the immediate lifting. Legal risk assessment can identify the legal risk by understanding the formation and fixed process of enterprise related evidence.