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Is there any compensation for being fired for contradicting the boss

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Is there any compensation for being fired for contradicting the boss


        

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  • 2024-06-17 14:00:47

    Whether there is compensation depends on whether it is illegal to terminate the labor contract. In general, those who contradict their superiors are dismissed. In most cases, the judicial authorities believe that the unit has illegally terminated labor relations and needs to pay compensation to workers.

    However, it is not absolute that employees are dismissed for contradicting their superiors and are deemed to have illegally terminated their labor relations. If there are clear rules and regulations formulated by the unit, which regard the employee's disobedience to work arrangements, contradicting the superior's leadership and other disciplinary violations as circumstances that can be dismissed, as long as the rules and regulations are formulated legally and publicized to employees, they can generally be used as the basis for dismissal. In addition, employees' behaviors such as disobeying work arrangements and contradicting their superiors have resulted in serious consequences, in which case they can be dismissed regardless of rules and regulations.

    Legal basis

    Article 39 of the Labor Contract Law of the People's Republic of China, if a worker has any of the following circumstances, the employer may terminate the labor contract:
    (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.

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