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Can an employee be dismissed for being late for a long time (compensation for being dismissed for being late for three times)

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Can an employee be dismissed for being late for a long time (compensation for being dismissed for being late for three times)


        

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  • 2024-06-10 01:00:48

    If you are only late once or twice, you can't fire them. However, if an employee seriously violates the rules and regulations of the employer, such as frequently arriving late and refusing to correct, the employer can dismiss the employee free of charge according to law.

    Can employees of Phase III be dismissed for being late

    Judge according to the actual situation

    If a worker seriously violates the rules and regulations of the employing unit, the employing unit may dismiss him according to law.

    What is a serious violation of the employer's rules and regulations? The following conditions shall be met:

    1. The employer has formulated clear rules and regulations, informed the workers, and listened to the opinions according to law;

    2. The act of requiring workers is a serious violation of the rules and regulations of the employer, and the labor contract cannot be rescinded in general.

    Therefore, being late for the first or second time should not be regarded as a serious violation of the rules and regulations of the employer. However, if it is late for several times and refuses to correct, the employer may dismiss it according to law.

    Labor Contract Law of the People's Republic of China

    Article 39 [The Employer unilaterally terminates the labor contract (negligent dismissal)] The Employer may terminate the labor contract in any of the following circumstances:

    (1) It is proved that the employee does not meet the employment conditions during the probation period;

    (2) Seriously violating the rules and regulations of the employing unit;

    (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;

    (4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of his own unit, or refuses to correct after being proposed by the employer;

    (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;

    (6) Being investigated for criminal responsibility according to law.

    What if the company wants to dismiss employees but loses their labor contracts

    If the company dismisses an employee but the employee's labor contract is lost, relevant evidence can be submitted to determine the labor relationship. The specific evidence is as follows:

    1. Evidence of the laborer's work content, such as electronic text, data, and other information related to the company;

    2. Identification related to the work of workers, such as work letter sign, employee card, employee clothing and other certificates related to the company;

    3. The company's system basis for workers should preferably be stamped or printed in complete sets or volumes, such as employee manuals, financial systems, employee rosters, etc;

    4. Information exchanged between regular employees or leaders of the company and workers, such as work arrangement, written notice, e-mail notice, etc;

    5. Workers can try to talk with the company's leader in charge, and then record the record, and the leader's name must be reflected in the recording materials, otherwise, the court is difficult to confirm the authenticity of the recording materials;

    6. Workers can prove to work in the company through witness cards and testimonies of other employees who have left the company.

    7. Other materials related to the company can be used as evidence.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

    God***

    2024-06-10 01:00:48

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