Because of the economic compensation for dismissal of employees by enterprises (hereinafter referred to as "severance pay") dispute, is one of the most common labor disputes. In order to help enterprises to better prevention and settlement of such disputes, we put forward the following opinions, reference for member enterprise:

One, the "termination of labor contract" instead of "labor contract", to avoid the occurrence of the dismissal compensation disputes. According to labor law and policy of the state and Shenzhen City, enterprises (state-owned enterprise except) between the employees and the labor contract expires or the agreed conditions for termination of labor contract, not "lift", companies do not need to pay employees severance pay. Therefore, the enterprise may adopt the following methods to avoid the dismissal compensation disputes: 1 short term of the labor contract signed. The enterprise may enter into a shorter period of the labor contract with employees, such as in the term of the employment contract, the employee performance company satisfied, in the labor contract expires, you can renew the labor contract; if the enterprise is not satisfied with the performance of employees, can and do not need to pay economic compensation to terminate the labor contract in the labor contract expires when the. "(Guangdong Province labor contract management regulations" provisions of the labor contract expire, the enterprise should pay economic compensation, but this provision in the city of Shenzhen in the judicial practice not implemented. )

As to terminate the labor contract expires after not renew, to avoid unnecessary disputes, the enterprise should be prior to expiration date, in an appropriate manner (advice in written form and require employees to sign) notify the employee. The termination of the labor contract agreed conditions 2. According to the labor law, termination conditions as stipulated in the labor contract in the labor contract is terminated. Due to the termination condition and the termination of the labor contract, also do not need to pay severance pay. Such as: "agreed in the labor contract downtime to be expected date of more than XX, and could not immediately resume production, the termination of the contract". It should be noted that, for the conditions for termination of labor contract agreement is not illegal, can't get legal should pay the dismissal compensation case, provisions for termination of a labor contract conditions. Such as: similar to "staff can not do the work, after training and the changing of the guard is not competent for the job, the termination of the labor contract, stipulates that enterprises do not pay economic compensation, because some" illegal and not take effect.

Two, to the "resignation" to replace the "lift" enterprise labor relations, to avoid the occurrence of the dismissal compensation disputes. According to the labor law, the employee to resign, enterprises do not pay severance pay. In some cases (such as employee to find work in the future and convenient than being "fired"), employee discipline after willing to "resign" leave enterprise name. In this case, if the enterprise can obtain the employee resignation, can need not pay severance pay. But with the popularization of knowledge of labor in the enterprise employees, this situation has become increasingly difficult to achieve.

Three, in the labor contract and business rules specified in violation of fire situation, through the effective reference fault termination clause, prevent and solve the dismissal compensation disputes. According to labor law and related regulations, employee is under any of the following circumstances, the employer may terminate the labor contract at any time, and do not need to pay severance pay: (a) the probation period that does not meet the conditions of employment; (two) a serious breach of labor discipline or the employer rules and regulations; (three) a serious dereliction of duty, engage in malpractices for selfish ends, causing major damage to the interests of the employer; (four) were investigated for criminal responsibility according to law and labor education and rehabilitation. In the dismissal dispute, the (two), (three) is often cited as a reason for dismissal of enterprises. But in the judicial practice, these two standards are difficult to master. What is "serious" discipline, much damage to be "major", is very vague standards. If the delivery of the labor arbitration committee or a court to judge, not violations most considered "serious", most of the damage would not be identified as "major". Therefore, in this case, the majority of enterprises are facing the losing situation. But if in the labor contract or the rules specified in enterprise dismissal without compensation payment situation, as long as these Provisions are not illegal, disputes, labor arbitration commission and the court will be in accordance with the provisions of regulations of enterprises make a ruling. In the labor contract or business rules and regulations stipulated in the termination condition, can have the following several ways: 1 separate of termination conditions specified. If some units regulations stipulates: "the staff has one of the following acts, be dismissed immediately, do not pay economic compensation: 1......". 2 in the specific provisions in the code. Such as: "the employee cannot work should leave, not to leave the program as a. If more than 3 days, be dismissed, not pay economic compensation." 3 for some violations although nature is light, but if the incorrigible, should also be provided for fire conditions. The specific provisions of the way to have 3 kinds: 1) on individual behavior accumulated, such as: "without being late or leave early, within a month, a total of 10 times, or 1 years to reach more than 50 times, be dismissed, not pay economic compensation." 2) cumulative punishment, such as: "a month has warned the above punishments for 5 times, in three months...... Be dismissed......". 3) and gradually increase the type, such as "resort to deceit, supporting others work card, first found the deduction of wages 50 yuan, once found, immediately fired, not pay economic compensation". 4 because the labor contract and the rules and regulations of enterprises can not be exhaustive enumeration of all the acts of violation of discipline, therefore also need to: 1) provisions analogy case terms, such as:"...... For other violations, according to the nature of this article shall be punished according to the." 2) in time to inform the staff regulations, and in an appropriate manner. 5 the terms can refer to the "enterprise rewards and punishment regulations" and "Regulations" dismiss discipline workers of state-owned enterprises (see Appendix) formulation. 6 the termination conditions, suggestions are additional "not pay economic compensation", "no compensation" and other words, in order to reduce disputes.

Evidence four, fault dismissal in the preservation and collection. In the dismissal compensation disputes, if the enterprise to a serious violation of discipline or serious dereliction of duty on the part of reason to dismiss employees, once the dispute, enterprises must be serious violations of workers and serious dereliction of duty of proof, therefore, preservation and collection of evidence is important. Enterprises have to preservation and collection of evidence, mainly two categories: one is the specific terms of employees in violation of company rules and labor discipline; the second is the employee's behavior. For the enterprise regulations and labor discipline, should try to develop in detail the provisions, but also should inform the staff in a proper way, suggestions for enterprises in the formulated and promulgated regulations, by the staff to read, and signed by employees. If the labor contract period, modify the rules and regulations of the enterprise, also be again by the staff to read and acknowledge. So, once the dispute, won't appear the staff denied that such provisions of the. Preservation and collection of relevant disciplinary behaviors evidence is more important. Usually, can prove that the employee disciplinary evidence are: 1) employee "self-criticism", "for the love letter", "argued book", discipline, and so on; 2) a violation records employee signature; 3) that other employees and informed; 4) the relevant evidence; 5) the relevant documentary evidence, audiovisual materials; 6) treatment, the relevant government departments handling records and proof. In judicial practice, some written material employee sign, is often the most powerful evidence to the labor dispute arbitration commission and the courts are willing to accept. Therefore, enterprises in the dismissal of employees, should try to make a written material employee signature. For an illegal act (such as gambling, bootlegging orifices) staff, may require the relevant government departments handling, processing conclusion government departments or record, it may be strong evidence. For the "mistake made, behavior and minor ones" staff, should pay attention to the record. Each discipline, enterprises make a written treatment material relevant, require employees to sign for the record; convenient, can also take the buckle treatment of salary, in each of the payroll deducted salary amounts, and indicate the disciplinary reasons, by the staff to receive wages signature confirmation.

Source: from legal network (free legal advice, on considering the legal network)