**Employees may be dismissed under certain statutory circumstances in accordance with the relevant legal provisions.
*There are two types of employees: civil servants and workers with labor relations.
1. Civil servants
According to the first paragraph of Article 2 of the Civil Servants Law, "the term "civil servants" as used in this Law refers to the staff members who perform public duties in accordance with the law, are included in the state administrative establishment, and are paid wages and benefits by the state treasury. ”
According to the provisions of the Civil Servants Law, a civil servant shall be dismissed under any of the following circumstances: (1) in the annual evaluation, it is determined that he or she is incompetent for two consecutive years;(2) Those who are incompetent for their current job and do not accept other arrangements;(3) Refusing to make reasonable arrangements due to the adjustment, abolition, merger, or reduction of the staffing of the organ to which they belong and the need to adjust the work;(4) Failure to perform civil servant obligations, failure to abide by laws and civil servant discipline, no change after education, unfit to continue working in an organ, and inappropriate to be dismissed;(5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 consecutive days, or a total of more than 30 days in a year.
2. Workers with labor relations
According to the second paragraph of Article 2 of the Labor Contract Law, "the conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers who have established labor relations with them shall be executed in accordance with this Law." "For example: security, cleaning, janitor, etc.
According to the Labor Contract Law, the employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period;(2) Seriously violating the rules and regulations of the employer;(3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer;(4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;(5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;(6) Those who have been pursued for criminal responsibility in accordance with law. Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) The employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the prescribed medical treatment period has expired;(2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;(3) There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
[Legal basis].
Article 2 of the Civil Servants Act"The term "civil servants" as used in this Law refers to staff members who perform public duties in accordance with the law, are included in the state administrative establishment, and whose wages and benefits are borne by the state treasury.
Civil servants are an important part of the contingent of cadres, the backbone of the socialist cause, and the public servants of the people. ”
Article 88 of the Civil Servants Law"Civil servants shall be dismissed in any of the following circumstances:
1) In the annual evaluation, it has been determined that they are incompetent for two consecutive years;
(2) Those who are incompetent for their current job and do not accept other arrangements;
(3) Refusing to make reasonable arrangements due to the adjustment, abolition, merger, or reduction of the staffing of the organ to which they belong and the need to adjust the work;
(4) Failure to perform civil servant obligations, failure to abide by laws and civil servant discipline, no change after education, unfit to continue working in an organ, and inappropriate to be dismissed;
(5) Absenteeism from work, going out on business, or failing to return after the expiration of leave without a legitimate reason for more than 15 consecutive days, or a total of more than 30 days in a year. ”
Article 2 of the Labor Contract Law"This Law shall apply to enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People's Republic of China (hereinafter referred to as "employers") that establish labor relations with workers and conclude, perform, modify, dissolve or terminate labor contracts.
The conclusion, performance, modification, dissolution or termination of labor contracts by state organs, public institutions, social organizations and workers with whom they have established labor relations shall be executed in accordance with this Law. ”
Article 39 of the Labor Contract Law"The employer may terminate the labor contract if the employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
(2) Seriously violating the rules and regulations of the employer;
(3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer;
(4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;
(5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
(6) Those who have been pursued for criminal responsibility in accordance with law. ”
Article 40 of the Labor Contract Law"Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary:
1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;
(2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;
(3) There is a major change in the objective circumstances on which the labor contract is based at the time of conclusion, which makes it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation. ”