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employer is entitled to dismissal of workers, but the reason for the dismissal and procedures should be legal, otherwise illegal dismissal, the worker may request the revocation of layoffs continue to implement the labor contract; if workers do not want to continue to work in the unit, or the contract can not continue to perform, you can terminate the labor contract in accordance with the standard economic compensation units required to pay twice the economic damages.

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serious violations of labor law the rules and regulations, the units have the right to dismiss employees, but some units get economic compensation. Workers from the three judge the legality of rules and regulations: First, the content must be legal rules and regulations; the second is the development of procedures to be legitimate, must be representative of all employees or the employees discussed and adopted by the General Assembly; third announcement to the labor regulations content.
lost his job because of one sentence, Xu Hongfei gas exports to court and do not know how a play. Have a good relationship on the Internet to see little brother Beijing Migrant Workers Legal Aid To Prudential Center can help migrant workers with free consultation, litigation, let Xu Hongfei to try. Xu Hongfei center of the day came for help,[link widoczny dla zalogowanych], the duty of the Qiang warm reception his lawyers to understand the case, the lawyer that the company laid off employees without cause must be against the law, to give him for the assistance procedures. Xu Hongfei and unit labor contract is not in his hands, can not be used as evidence in his hand the wages of only a few incomplete section above sets out the basic wages, subsidies, personal income tax deductions,[link widoczny dla zalogowanych], etc., but no Seal or signed If the person does not recognize, it is difficult as evidence. Given the current evidence is insufficient, and Xu Hongfei has been unable to return to unit, so he contacted several lawyers to help workers to testify. Collating relevant materials, the lawyer appointed to the arbitration in a district made a request to confirm Xu Hongfei with the company from 2006 to 2009 there is labor relations; withdrawal penalties and a fine of 600 yuan return; labor relations law to pay double the economic compensation; issue written proof of labor contracts and labor contracts to release detained and so on.

justified
hearing, company representatives did not deny Xu Hongfei was in the company, but insisted that although Xu Hongfei came from units in 2006, but the two sides have not signed a labor contract, labor employment relationship can only be considered. Only after the contract was signed in 2008, only recognized in 2008 and 2009, labor relations. Company representatives also suggested that the punishment for Xu Fei Hung have company rules and regulations as the basis for article 34, it is appropriate, not arbitrary dismissal. Xu Hongfei counsel submitted in court since 2006, tax documents, as evidence in 2006 to 2008 although the two sides did not sign labor contracts, but should belong to labor relations. The behavior of the company fired Xu Hongfei, counsel did not believe that the company's rules and regulations formulated through democratic procedures, nor inform the workers, it can not serve as basis for punishment. Even if the rules and regulations effective, Xu Hongfei eat lunch and then go to work during the requirements, it does not violate Which of the rules. After the arbitral tribunal's inquiries and cross-examination, the arbitration commission finds that: the two sides of labor relations that exist since 2006, units of the decision on punishment law, ruled illegal dismissal Xu Hongfei company to pay the economic compensation, the return of a fine of 600 yuan to be issued to lift Xu Hongfei written proof of the labor contract. To the court against the company, the court verdict was consistent with the arbitration award, the company filed an appeal but the second instance is still upheld. Eventually, the company had to return to Xu Hongfei 600 yuan, 16,000 yuan to pay labor relations law of compensation and re-issued in accordance with the law,

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2009 in a day at noon, Xu Hongfei near lunch time because do not want to clean electrical equipment, and company managers have an argument, soon after, he received the company issued a Company leadership arrangement, the two sides dispute, the company decided that from now on labor relations. according to company rules and regulations, to give them 600 yuan of punishment. fine! Xu Hongfei is not satisfied, ask for a manager, you can simply Bierbuxian each other.

tells the story of legal aid
Xu Hongfei came to Beijing in 2006 a construction company to do electrical work, when the company did not sign a contract with him, only an oral agreement is the first month probationary period, wage 800, after passing probation period wages of 1,200 yuan, arrange room and board. 2008 Xu Hongfei and the workers initially quite happy to get the contract can be found inside the key elements such as wages, benefits, work location, working hours are a blank, signed after the company so that they do not give them back.

dismissal to be
(SOURCE: Beijing Migrant Workers Legal Aid To Cheng and Research Center)