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Contract deadline is errant, still but lawfully dismiss
From;    Author:Stand originally
" labor contract law " after carrying out, enterprise " lose completely " the influence that fires worker? Ought to without fixed deadline the contract cancel? Two meetings are holding the whole nation, come day after day, the delegate of a few business circles and committee member are right " labor contract law " the doubt that raised many sided. When relation expert accepts special report of ovine wall evening paper, the labor of a few authority of Guangdong thinks: Quite partial doubt and " labor contract law " set actually not conform to.

  Oppugn 1 enterprise " lose completely " the authority that dismisses employee?

Guangdong province labor ensures office work to concern to grow Lin Jingqing to think everywhere: " labor contract law " in set clearly fall in the following kinds of conditions, unit of choose and employ persons can remove labor contract:

-- , laborer is notted agree with to add up to employ condition by the proof in probation;

-- , of the regulations system that violates unit of choose and employ persons badly; Serious neglect one's duty, jobbery, cause to unit of choose and employ persons great damage;

-- , laborer sicken or blame are injured at work, primary job cannot pursue after formulary medical treatment expires, also cannot pursue the job that arranges separately by unit of choose and employ persons;

-- , laborer is insufficient the job, via groom or adjusting post, still of insufficient job;

-- , the external state of affairs of basis of the place when labor contract concludes produces major change, cause labor contract to cannot be fulfilled, talk things over via unit of choose and employ persons and laborer, fail to change contract content to come to an agreement, unit of choose and employ persons shifts to an earlier date face of 30 a book from heaven informs or additional after paying a monthly wages, can remove labor contract;

-- , in addition, because go bankrupt, production manages the account such as severe difficulty, still can undertake economy cuts down the member of persons employed, and cut down the member of persons employed condition relatively relax before;

Oppugned 2 enterprises to give compensation also can " going back on his word " do not go?

Huang Qiaoyan of expert of labor law of courtyard of Zhongshan university law thinks: " labor contract law " the regulation is: Unit of choose and employ persons disobeys this law to the regulation removes or terminate labor contract, laborer asks to continue to fulfil labor contract, unit of choose and employ persons ought to continue to fulfill; Laborer does not ask to continue to fulfill labor contract to perhaps work the contract cannot have continued to fulfill, unit of choose and employ persons ought to pay compensation of standard of compensation of according to economy to laborer doubly. Accordingly, with afore-mentioned views rather, from judicatory practice looks, the enterprise cannot find any legal argument, want to agree to pay compensation to also can fire worker only, and its cost is a top.
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