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#135  Jul 23, 2015    email version


Key points in terminating labor contract on incompetence


In the case the employer intends to terminate the labor contract based on the serious violation of rules and regulations by the employees, the people’s court and the arbitration commissions shall review the legality of the proceedings of formulating the rules and regulations of the employers, and whether the disciplinary violations of the employee are provided in such rules and regulations, and fairness and reasonableness of the provisions regarding the serious disciplinary violations of the employee.

  • 以“不胜任”解除劳动合同的操作要点
  • Key points in terminating labor contract on serious disciplinary violation
  • 员工不胜任工作岗位后,用人单位可以对员工进行单方调岗,或者进行培训。调岗或者培训后,员工仍然不胜任的,才能提前30天书面通知或者支付一个月代通知金后解除劳动关系。
  • After the employee is proven to be incompetent for the position, the employer may shift his/her position or carry out training for him/her. Only if the employee remains incompetent after reassignment or training, can the company terminate the labor relationship by giving a 30 days written notice or by payment of one month salary in lieu of the notice.
雇佣动态 / Employment Express
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