How to write the dismissal letter, and how to write the employee's dismissal letter.

1, notice of dismissal

XXX, our company signed a labor contract with you on X, X, X, and the two sides established a labor relationship. However, during the performance of the labor contract, the company found that you were incompetent and had a poor labor attitude. And because of your bad behavior, it also caused losses to the company, and the company decided to dismiss you and terminate the labor relationship. After receiving this notice of dismissal, please go to the relevant departments of the company to go through the resignation procedures, and the company will give you one month's salary as well as the corresponding insurance premium compensation in accordance with the provisions of the Labor Law. At the same time, after receiving this notice of dismissal, you shall not carry out any business activities in the name of the company, otherwise all consequences will be borne by you.

I am here to convey

XXX company limited

date month year

2. Notice of dismissal

Mr./Ms. _ _ _ _ _ _:

Due to the major adjustment and change of the company's management policy and business, your major, experience and ability no longer meet the requirements of the company. Please leave the company on _ _ _ _ _.

Thank you for your support and help to our company over the years.

All your benefits will be handled in accordance with national laws and regulations, the company's rules and regulations and the labor contract.

_ _ _ _ _ _ Limited liability company

date month year

Note: In order to establish labor relations, a written labor contract must be signed, so that the enterprise can dismiss its employees and terminate the labor contract. To terminate the labor contract, the Notice of Termination of the Labor Contract shall be used. If the enterprise and the employee negotiate to terminate the labor contract, they may sign a termination agreement or a termination agreement.

Second, the key points and matters needing attention in the production of Notice of Dismissal of Employees and Termination of Labor Contract:

1. Briefly explain the reasons for dismissing employees when dissolving the labor contract, including whether to pay economic compensation.

2. The notice of termination of the labor contract shall specify the termination time, including the termination time of labor relations, the payment of wages and the starting date of the limitation of labor dispute arbitration.

3. The facts stated in the notice of termination of the labor contract must be proved by evidence. Facts without evidence are not only meaningless in law, but also may bring difficulties to employers in the process of handling labor disputes.

4. The notice to terminate the labor contract should be concise and to the point, but the meaning should be clear and correct.

First, the new labor law compensation provisions for dismissed employees:

1. According to Article 46 of the Labor Contract Law, if the employer dissolves the labor relationship in accordance with Articles 36, 40 and 4 1, it shall pay economic compensation to the employee.

2. Article 47 stipulates that the economic compensation shall be paid according to the number of years the laborer has worked in this unit and the standard of paying one month's salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers. The monthly wage refers to the average wage of workers in the twelve months before the dissolution or termination of the labor contract.

3. In addition to the above circumstances, the employer dismisses the employee, which is illegal to terminate the labor contract. It should pay compensation to the employee at twice the standard of economic compensation, that is, pay the employee two months' salary for each full year. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, the employee shall be paid compensation for one month's salary.

Second, the relevant laws and regulations:

1, Article 36 of the Labor Contract Law stipulates that the employer and the employee may terminate the labor contract through consultation.

2. Article 39 stipulates that the employer may terminate the labor contract under any of the following circumstances:

(1) 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.

3. Article 40 stipulates that in any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:

(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 prescribed medical treatment period expires;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

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

4. Article 4 1 stipulates that in any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employer may explain the situation to the trade union or all employees 30 days in advance, and may lay off employees after listening to the opinions of the trade union or employees and reporting to the labor administrative department:

(1) Restructure in accordance with the provisions of the Enterprise Bankruptcy Law;

(two) serious difficulties in production and operation;

(three) due to changes in production, major technological innovation or adjustment of business mode, it is still necessary to reduce the number of employees after changing the labor contract;

(4) Other major changes have taken place in the objective economic conditions on which the labor contract was concluded, resulting in the inability to perform the labor contract.

5. When laying off employees, priority should be given to retaining the following personnel:

(1) enter into a long-term fixed-term labor contract with this unit;

(2) Concluding an open-ended labor contract with the unit;

(3) there are no other employees in the family, and there are elderly people or minors who need to support them.

Note: If the employing unit retrenches employees according to the provisions in the first paragraph of this article and re-hires employees within six months, it shall notify the retrenched employees and give priority to the retrenched employees under the same conditions.