Does the labor law stipulate that the unit has the right to dismiss employees?

When an employee violates company regulations, the company has the right to dismiss the employee. The company has the right to dismiss employees if they are proved not to meet the company's employment conditions during the probation period. If an employee is seriously derelict in his work, causing a major accident to the unit, the company has the right to dismiss the employee.

Legal analysis

The dismissal of employees by employers is essentially one of the reasons for the termination of labor contracts. The dissolution of a labor contract refers to the legal act that one or both parties to the labor contract terminate the labor relationship in advance for some reason after the labor contract is concluded and before it is fully performed. Because of the great significance of the termination of the labor contract, the labor law has made strict provisions on its conditions and procedures. According to the relevant laws and regulations, the employer can dismiss employees under legal conditions, that is, forcibly terminate the labor contract. When an employee violates company regulations, the company has the right to dismiss the employee. During the probation period, the company has the right to dismiss employees who are proved to be unqualified for the company's employment conditions, and the company has the right to dismiss employees who have seriously neglected their duties and caused major accidents to the unit. When the labor contract is terminated, the employee may also unilaterally terminate the labor contract. However, if the employer wants to dismiss employees or terminate the labor contract with employees, it needs to go through relevant due process before it can be terminated. For example, employees violate the articles of association. If an employee is dismissed without violating the company's articles of association, the employee has the right to demand compensation from the employer.

legal ground

Article 39 of the Labor Contract Law of People's Republic of China (PRC) * * * In any of the following circumstances, the employer may terminate the labor contract: (1) The employee is proved not to meet the employment conditions during the probation period; (two) a serious violation of the rules and regulations of the employer; (three) serious dereliction of duty, corruption, causing great damage to the employer; (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it; (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law; (6) Being investigated for criminal responsibility according to law.