In human resource management, dismissal and dismissal are two concepts that seem similar but are actually different. This article will detail the difference between the two to help readers better understand their meaning and application.
1. Differences in definitions.
Dismissal: Dismissal usually refers to the early termination of an employment contract by mutual agreement between the employer and the employee. In this case, both parties will often reach an agreement and follow the terms of the negotiation.
Dismissal: Dismissal is an act of unilateral decision by the employer to terminate the employment contract. This usually happens when an employee violates company rules, is incompetent for the job, and seriously affects the company's operations. Dismissal can be either no-fault dismissal or wrong-fault dismissal.
2. Differences in legal consequences.
Dismissal: Dismissal is usually the result of negotiation between the parties and is therefore less likely to cause disputes in law. The two parties shall implement the terms of the negotiation, and there is generally no issue of compensation.
Dismissal: Dismissal is a unilateral decision of the employer and may give rise to legal disputes. Wrongful dismissal usually requires the employer to provide sufficient evidence of the employee's negligent conduct, or risk compensation. No-fault dismissal allows employers to dismiss employees without having to prove fault, but they are still subject to paying some financial compensation.
3. Differences in the impact on employees.
Dismissal: It is easier for the dismissed employee to accept this outcome because it is the result of mutual negotiation and they also have the opportunity to find a new job.
Dismissal: Employees who have been fired may feel unfair and disappointed, especially if they believe they are not at fault. This can have a negative impact on their professional reputation and sense of self-worth, making it more difficult for them to find a new job.