员工不胜任工作被解除合同，为何法院判决单位败诉？

Why does the court rules against the employer when the employee is dismissed for incompetence?

用人单位未能提供证据证明劳动者存在不能胜任岗位，也未能提供证据证明存在培训或是岗位调整的情形，其做出解除劳动合同不符合法律规定，应承担违法解除劳动合同赔偿金。

If the employer does not furnish evidence to prove the employee’s incompetence, nor does it furnish evidence to prove that it has organized training or post adjustment, its decision to terminate the labor contract shall be deemed a violation of the law and it shall pay compensation for illegally terminating the labor contract.

2022.06.09

岗位所在部门或业务取消，是否可以调岗或解除合同？

If the department or business of the position is candled, whether the position can be transferred or the contract be terminated?

部门取消所导致的岗位消失，应属于客观情况发生重大变化，企业不仅可以调岗还可以解除合同，这种理解是否正确？

The position disappearance caused by the cancellation of the department belongs to the great change in objective conditions, so the enterprise may transfer the position or terminate the contract. Is it correct?

2022.03.10

能否以“末位淘汰”为由与劳动者解除合同?

Is it reasonable to rescind labor relations with employees on the ground of "bottom-out" system?

公司以“末位淘汰”为由与员工解除劳动合同，合理吗？

Is it reasonable for the company to rescind the labor contract with employees on the ground of “bottom-out” system?

2021.01.07

协商解除合同后一方反悔怎么办?

What if one party reneges after the contract is dissolved through negotiation?

协商一致解除劳动合同后，劳动者反悔申请劳动仲裁怎么办？

What if the employee goes back on his word and applies for labor arbitration After the labor contract is dissolved by consensus?

2020.02.20

用人单位能否以员工患有精神分裂为由，要求解除合同?

Can an employer demand dissolving contract on the ground that an employee has suffered from schizophrenia?

员工患有精神分裂症，用人单位能否以此为由，解除与其劳动关系？

Can an employer terminate the labor relations on the ground that an employee has suffered from schizophrenia?

2019.03.28

用人单位能否以员工患有精神分裂为由，要求解除合同？

Can an employer demand dissolving contract on the ground that an employee has suffered from schizophrenia?

从医学上来讲，精神分裂是一种精神疾病，能否解除劳动关系关键看员工是否属于医疗期内。

Medically, schizophrenia is a kind of mental diseases. Whether labor relations can be dissolved depends critically on whether the employee is in the period of medical treatment.

2018.08.09

试用期解雇员工：“不胜任”与“不符合录用条件”千差万别

Dismissing an employee on probation: “Incompetence” is a far cry from “Failure to Meet Recruitment Conditions”

员工不胜任工作，但录用条件并没有关于业绩不达标可以解除合同这一项，可以以“试用期不符合录用条件”和他解除劳动合同吗？

If an employee is incompetent and there are no provisions on dissolving contract based on failure to achieve performance goal, is it OK if we can dissolve the labor contract with the employee on the excuse that he “fails to meet recruitment conditions during probation period”?

2017.10.25

试用期过后无法胜任工作如何处置?

How should the case where an employee is rated as incompetent after the probationary period be handled?

员工试用期二个月转正，第三个月领导觉得他无法胜任工作，想与他解除合同，这种情况需要提前一个月通知他解除合同，再支付半个月补偿金吗？

The probationary period of an employee is two months. In the third month upon recruitment, the manager feels that the employee is not competent for the job and wants to terminate the labor contract. In this case, should the company notify the employee one month in advance and pay half a month's salary as compensation?

2017.10.12

用人单位单方解除合同时有哪些小要诀?

What tips are available to an employer in dissolving a labor contract?

我司欲单方解除一名员工的劳动合同，请问怎么才能将风险降至最低，有哪些需要注意的问题？

In case our company intends to dissolve a labor contract with one employee unilaterally, how can we minimize the risk? And what issue merits attention?

2017.09.14

员工旷工后怀孕，能否解除合同？

Can the company dissolve the contract with its employee who is pregnant after her absenteeism?

请问这样对其解除劳动合同的操作有没有什么问题？或者需要注意的关键点是什么？

I want to know if there is any problem about dissolving the labor contract with her like this. Or what are the key points we should pay attention to?

2017.06.01

协商一致解除合同是否应付补偿金?

Is compensation payable for dissolving a labor contract through consensus?

劳动者在解除劳动合同时要获得用人单位经一次性济补偿金必须符合《劳动合同法》规定规定的情形。

The employee may get the economic compensation made by the employer in one lump sum under the circumstances provided in the Labor Contract Law.

2016.10.27

调岗后员工不到岗单位可否解雇?

Can employee who refuses post transfer be dismissed?

合理合法的调整劳动者的工作岗位，是用人单位合法行使用人自主权的表现形式之一。笔者认为，科技公司以此为由解除合同符合法律规定。

The lawfully and reasonably adjusting post of employee is one of the manifestations of exercising the autonomous right to engage employees by an employee. I think the technology company’s terminating the contract on that ground complies with provisions of law.

2016.03.24

怎么解除虚构工作经历的员工？

How to dismiss employees with false work experience?

公司通过背景调查，发现王某虚构了过往的工作经历。请问，在这种情况下，我公司能否合法与员工解除合同并不支付其经济补偿金？

Can our company terminate the contract with the employee legally without paying her the economic compensation?

2016.02.18

员工提供虚假病历证明，能否与其解除劳动合同?

Can labor contract be dissolved if employee submits false medical record?

如果贵司能够确保相关材料齐全，公司对于该员工以严重违反用人单位规章制度为由进行解除劳动合同的做法，则是合法的，无需向该员工支付违法解除劳动合同赔偿金。

If your company can collect all the evidences and materials, it is legitimate for you to dissolve the labor contract with the employee on the ground of serious violation of discipline. And you needn't indemnify him for such dissolution.

2015.05.21

如何与绩效不佳的员工解除合同?

On terminating labor contract with underperforming employees

通过不胜任岗位工作解除合同的整个过程，需要花大量精力收集员工不胜任工作的证据及注意流程管理，在日常管理中，建议用人单位寻找机会与员工协商解除。

It takes great efforts to collect evidences on the employee's incompetence and the company needs to pay great attention to process management to terminate the labor contract on the ground of incompetence. In daily management, employing units are recommended to terminate the labor contract by negotiating with the employee.

2015.01.15