How can employees be dismissed if they can't do anything?

How can employees be dismissed if they can't do anything?

How can employees be dismissed if they can't do anything? After employees join the company, when they find that employees cannot meet the employment needs of enterprises, they usually choose to dismiss employees, but they also need to be dismissed step by step. Here's how to dismiss employees who can't do things.

How to dismiss employees who can't do things 1 1, consensus: as long as HR has the ability to negotiate, it can negotiate with employees with insufficient ability to terminate the labor contract;

2. Direct dismissal: If the company has money and doesn't care, it can compensate double indemnity for direct and arbitrary dismissal, or it can choose to be incompetent after being transferred, and only need to pay a single compensation;

3. Dismissal in violation of regulations: After finding evidence of serious violation of company rules and regulations, employees can be dismissed directly without paying compensation;

4. Other methods: under the condition of not breaking the law, forcing employees to leave their jobs by increasing workload, strictly evaluating performance and reducing salary for performance evaluation.

I. Settlement through consultation

Regarding the termination of the labor contract, no matter what the reason, it can be solved through consultation between the employee and HR, and sit down and discuss with each other, and any problem will not be a problem.

HR should fully explain the current situation of workers, directly or euphemistically inform them that they are incompetent, and after they understand it, both parties will terminate the labor contract through friendly negotiation.

Here HR should pay attention that if the company proposes to terminate the contract, it needs to pay compensation, and if the employee proposes to terminate the contract, it does not need to provide compensation.

Second, the company can dismiss at will if it has money.

Super local tyrant's company leaders don't like employees with poor ability. They can just say, "Go to finance and get paid, and don't come every day!"

In this way of dismissal, the company needs to pay 2N+ 1 compensation to employees. Where n is the month in which the employee's working years change. Work for five years, n is 5, work 10, and n is 10. Half a year to 10 is converted into one month, and less than half a year is converted into half a month. For example, working for 5 years and 3 months, n is 5.5. In which 1 is the payment in lieu of notice, that is, compensation is not given one month in advance.

General companies can also choose to examine the employees with insufficient ability first, and after the examination proves that their ability is insufficient (generally, the examination paper is written and signed for approval), and then they can carry out training and post adjustment. After the training and post adjustment are completed, they can conduct an examination again (or choose an examination, which must be signed for approval), and they can choose to dismiss if they fail twice. The company only needs to compensate N+ 1. If you give advance notice, you only need to pay n.

As far as I know, there was once a direct HR exam, and the topic was very difficult, and everyone was not good. After putting it away, HR took the exam again, saying that the previous exam was not good, so take it again. When employees were grateful, HR directly dismissed many people with two unqualified results.

The third is to dismiss employees in violation of regulations.

The strict assessment of HR, especially attendance and performance assessment, aims at finally proving that employees have seriously violated the company's rules and regulations. In this case, the company does not have to pay compensation.

Employees with poor ability are often not very strict in attendance, so pay attention at this time.

As far as I know, there is an HR company that told its employees verbally that you were fired and didn't need to come. As a result, the employee didn't go to work in anger, and after a while, he returned to the company to ask for various compensations. Results HR directly produced the evidence of his absenteeism and terminated the labor contract without any subsidy. For the previous verbal dismissal, it is just a routine of HR.

Fourth, other ways of dismissal

The following are some examples of human resources practices that I know:

In the case of not breaking the law, after transferring incompetent employees from other positions, increase their workload, give them an unfinished workload, and force them to resign voluntarily. Or improve their performance appraisal standards, so as to reduce their performance pay (especially: it is illegal to reduce basic salary, but it is not illegal to reduce performance pay! )。

How can employees be dismissed if they can't do anything? Can employees be dismissed if they are incompetent?

First, the definition of "incompetence"

First of all, we need to understand the definition of "incompetence". Do unit managers judge employees' incompetence according to their own subjective cognition, or prove employees' incompetence according to objective measurement standards? In the field of labor law, people tend to think that the latter can get more support.

Referring to article 26 of several notes, "incompetent" refers to the inability to complete the work tasks agreed in the labor contract or the workload of the same type and position as required. The employing unit shall not intentionally raise the quota standard, so that the workers cannot complete it. The "agreement" and "workload" in this article have actually put forward that employers need to have clear assessment standards to define "incompetent work", and judicial practice tends to think that employers need corresponding assessment systems to support them. In the practice of adjudication, employers need to prove that employees are "incompetent", otherwise employers will be in a passive position.

Secondly, "assessment of the last place" is not the same as "incompetence". The last employee in the assessment can only reflect the assessment ranking of the employer, and the "incompetence" is mostly because the ability of the workers is not enough to meet the job requirements. In a multi-person competitive position, even if all employees are competent, there are always people at the bottom of the assessment; On the contrary, when all employees are incompetent, there are always employees who rank first in the assessment.

Second, "incompetent" employees need training or job transfer.

Article 40 of the Labor Contract Law stipulates that the employer may terminate the labor relationship under three circumstances, the second of which is that the employer may terminate the labor contract if the employee is incompetent after training or post adjustment.

Therefore, when an employee is "incompetent", the employer can only terminate the labor contract after training and post adjustment, otherwise the employer will violate the law and need to pay compensation.

(20 19) No.3707 of Su 05 has clearly defined the application of the above provisions and the opinions of judges. The referee's opinion is summarized as follows: XX Company has no evidence to prove that Shen is incompetent, and there is no evidence to prove that he has trained or adjusted his post before dissolution, but Shen is still incompetent. Therefore, the dissolution of XX Company lacks factual and legal basis, which is illegal and should be compensated.

If the employer chooses to train "incompetent" employees, then the training should focus on the areas where employees need to improve. Daily training and non-targeted training are generally difficult to be recognized by the court. During the training period, the employer should also pay attention to keeping training records, such as training meeting minutes, training sign-in forms and training photos.

If the employer chooses to transfer "incompetent" employees, it should fully negotiate with the employees and let them sign the transfer notice. When an employee refuses to transfer, he can explain the reason, basis and work content of the transfer to the employee, and pay attention to leaving traces in the communication process so that the employee can sign the communication record for confirmation. If the employee's antagonism is serious, it can be recorded when necessary. A reasonable assessment period should be set after the post adjustment of employees, and it is suggested to carry out relevant training for new posts to reduce the risk of termination of labor contracts by employers in the later period.

Three. "Incompetence" requires economic compensation to terminate the labor contract.

Many employers believe that employees are "incompetent" to terminate the labor contract, and the employer is not at fault, and because the incompetence of employees has caused losses to the unit, there is no need for compensation or compensation.

However, Article 46 of the Labor Contract Law clearly stipulates that the termination of the labor contract due to the employee's "incompetence" belongs to the situation that the unit needs to pay economic compensation, and the employer needs to notify the employee in writing 30 days in advance or pay the employee an extra month's salary.

Therefore, if the employees of the employer are really incompetent after examination, and they are still incompetent after training or post adjustment, the employer still needs to pay economic compensation when dissolving the labor contract.

Four. Advice to employers

If the employee is "incompetent" to terminate the labor contract, the employer has a high probability of losing the case. In view of the reasons why the employer lost the case, the author suggests that the employer take precautions from the following aspects:

1. Define the responsibilities of employees.

It is suggested that the employer sign a job description with the employee when signing the labor contract, and the job description should clarify the employee's job responsibilities and work objectives. It is suggested to be as detailed and operable as possible when agreeing on job responsibilities and work objectives, so as to provide a basis for future disputes. If employees are transferred, they should also sign a new job description after the transfer.

2. Have a perfect performance appraisal system.

As mentioned above, to prove that employees are "incompetent", it is necessary to have an objective assessment system and assessment results to support it, so a perfect performance appraisal system is very important.

Performance appraisal indicators should be reasonable. It is not recommended that employers set obviously unreasonable performance appraisal indicators in order to make employees "incompetent". In practice, the judge will also consider the rationality of performance appraisal indicators. When setting performance appraisal indicators, it is suggested that the employer negotiate with the employees and leave a mark for the employees to sign the performance appraisal targets.

Performance appraisal procedures should be reasonable. Procedural justice is substantive justice. If an employer's performance appraisal system is applicable to all workers, or is a part of the unit's rules and regulations, then the performance appraisal system will go through democratic procedures. Specific assessment procedures should strictly abide by the provisions of the assessment system, and the assessment cycle and steps should not be changed at will. It is suggested that the unit give employees a defense about the assessment results. The unit shall keep the relevant evidence of each assessment stage, and shall also perform the notification procedure of assessment results, and may require employees to sign the assessment results in writing or send the assessment results to their work mailboxes.

In addition, in the aspect of evidence collection, it is suggested that employers should pay attention to the collection of objective evidence when communicating with employees in daily life, and point out that employees should try their best to use written forms, such as emails and text messages. , and when necessary, record it for a rainy day.

How to fire an employee if he can't do something? What should I do if the employee fails to meet the expectations during the three-year probation period?

1, reflection. Reflection on whether employees are suitable for work. If the employee does not meet the job requirements, his work performance is poor or unsatisfactory. The first thing is to see if there are any other positions in the company that can match the quality and skills of employees. It is not the responsibility of employees to adapt people to their posts, but the responsibility of HR and company leaders. It is unfair to employees not to think that there is something wrong with their ability and quality because of their poor performance. Any employee needs a suitable environment and a matching post to give full play to his talents.

2. negotiation. If the employee does not meet the company's requirements during the probation period, even after hard adjustment, the company can negotiate with the employee to terminate the labor contract. As for how to lift it, it is still necessary to negotiate well. Don't just think about saving money and rudely infringe on the interests of employees. Instead, you should terminate the labor contract according to the requirements of laws and regulations, and the compensation will be compensated. Don't covet small profits. Otherwise, you will definitely face labor arbitration of employees.

Another point: standardizing employment, signing labor contracts, and protecting employees' interests, ostensibly protecting employees' interests, actually eliminating the company's employment risks and enabling the company to develop steadily. Therefore, as HR, we should establish a standardized concept of employing people, select talents for the company as much as possible, and reduce the risk of employing people.

How can new employees be legally employed?

1. No matter how the probation period is agreed, you must sign a contract with the employee to stipulate the probation period, working conditions, remuneration, etc. Failure to sign a contract cannot deny the existence of labor relations or harm the legitimate interests of employees.

2. The company must pay social security to employees in accordance with the regulations, whether during the probation period or after becoming a full member. This cannot be exempted from the obligation to pay social security just because the company has not signed a contract.