Workplace Skills Competition
If the year-end assessment is not qualified, can the employer directly terminate the labor contract?
If the year-end assessment is not qualified, the employer cannot directly terminate the labor contract.
Article 19 of the Regulations for the Implementation of the Labor Contract Law of the People's Republic of ChinaThe employer cannot directly terminate the labor contract directly on this ground if there is no failure in the year-end assessment of the 14 circumstances in which the employer may terminate the fixed-term labor contract, the indefinite-term labor contract or the labor contract with the completion of certain work tasks.
If the employee fails the year-end assessment because he is not qualified for the job, according toArticle 40 of the Labor Contract Law of the People's Republic of ChinaIt stipulates that "if a worker is incompetent for the job and is still incompetent after training or job adjustment, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary." ”
An employer terminating an employment contract in accordance with this clause must meet three prerequisites:
1) The worker is proven to be incompetent for the job;
2) To be trained or adjusted to a position;
3) The worker is still incompetent for the job.
This puts forward higher requirements for the employer to adduce evidence.
Can annual leave be arranged across years?
Article 5 of the Regulations on Paid Annual Leave for EmployeesProvisions:
According to the specific situation of production and work, and considering the wishes of the employees, the unit shall make overall arrangements for the annual leave of employees.
Annual leave can be arranged in a centralized manner within one year, or it can be arranged in stages, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it may be arranged across one year.
If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.
Early employee departure,Can I receive the year-end bonus?
The Labor Law clearly stipulates that an employer shall independently determine the wage distribution method and wage level of its own unit in accordance with the law in accordance with the characteristics of its production and operation and its economic efficiency.
Article 4 of the Labor Contract Law stipulates that when an employer formulates, amends or decides on rules and regulations or major matters directly related to the vital interests of employees, such as labor remuneration, working hours, rest and vacation, labor safety and health, insurance and benefits, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with the trade union or employee representatives on an equal footing.
Hence
The employer shall, in accordance with the law, formulate its own measures for the calculation and payment of year-end bonuses, or negotiate with employees in accordance with the law to clarify the issues related to the calculation and payment of year-end bonuses. If the employee meets the conditions for receiving the year-end bonus at the time of resignation, the employer shall cash it.
Compensatory leave after overtime work on statutory holidaysCan I still get overtime pay?
Article 44 of the Labor Law of the People's Republic of ChinaIt is stipulated that if a worker is arranged to work longer hours, he shall be paid no less than wagesOne hundred and fifty percentRemuneration of wages;
Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, the payment shall not be lower than the wageTwo hundred percentRemuneration of wages;
Where a worker is assigned to work on a statutory holiday, the payment shall not be lower than the wageThree hundred percentRemuneration of wages;
Workers are arranged to work overtime on rest days.
Compensatory time off should be arranged first.
Cannot be compensated.
Overtime wages shall be paid in accordance with law.
In other cases, employees are arranged to work overtime.
Overtime wages must be paid in accordance with the law.
It cannot be substituted by arranging compensatory time off
*: Hebei People's Society).