Conditions for dismissing employees of property companies

1. After the expiration of medical treatment, the laborer is unable to engage in the original job or other jobs arranged by the employer. 2. The laborer is not competent for the job, and he is still not competent for the job after training or adjustment. 3. Significant changes have taken place in the objective circumstances on which the labor contract was concluded, resulting in the inability to perform the labor contract, and the parties concerned cannot reach an agreement on changing the labor contract through consultation.

The company is actually exercising the right to terminate the employee, which can be regarded as the company unilaterally terminating the labor contract with the employee. Because the company is easy to dismiss at will, which damages the legitimate rights and interests of workers. Therefore, China's "Labor Contract Law" has provisions on the conditions for companies to dismiss employees. Under what circumstances can I be dismissed? Let's take a look at it together.

1. What are the conditions for the company to dismiss employees?

1. The employer proposes that the labor contract can be dissolved through consultation with the employees.

2. In any of the following circumstances, the employer may terminate the labor contract at any time:

(1) is proved not to meet the employment conditions during the probation period;

(two) a serious violation of labor discipline or the rules and regulations of the employer;

(three) serious dereliction of duty, corruption, causing great damage to the interests of the employer;

(4) Being investigated for criminal responsibility according to law.

3. Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:

(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the medical treatment expires;

(2) The employee is not qualified for the job, and is still not qualified for the job after training or job adjustment;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.

However, if the employer fails to notify the employee 30 days in advance, it shall pay the employee compensation for the average monthly salary of the current year.

4. If the employing unit is on the verge of bankruptcy during the period of legal rectification or serious difficulties occur in production and operation, it shall explain the situation to the trade union or all employees 30 days in advance and listen to their opinions. After reporting to the labor department, the number of people may be reduced.

2. Under what circumstances can employees not be dismissed?

1. Workers exposed to occupational hazards did not undergo occupational health examination before leaving their posts, or suspected patients with occupational diseases were during diagnosis or medical observation;

2. Party B suffers from occupational diseases or work-related injuries in this unit and is confirmed to have lost or partially lost the ability to work;

3. Illness or non-work-related injury within the prescribed medical treatment period;

4. Female employees during pregnancy, childbirth and lactation;

5. Having worked continuously in this unit for fifteen years and less than five years from the statutory retirement age;

6. Other circumstances stipulated by laws and administrative regulations.

In fact, it is the dismissal of employees as stipulated by relevant laws, which is clearly stipulated by law. If a unit dismisses an employee in violation of legal circumstances, it shall be regarded as illegal dismissal. At this time, it is natural to bear corresponding responsibilities to employees. In addition, in some cases, the law also stipulates that companies cannot dismiss employees.