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Q公司近期拟与一名员工解除劳动关系,主要原因是其表现不好,领导很不满意。该员工到公司多年,工资也比较高,已经超过当地社平工资的三倍。该员工平时态度尚可,无违纪行为。现在领导急于解除该员工,如果员工不同意,我们直接解除风险有多大?A首先,公司想要单方解除员工,需要有法定的解除理由,不胜任、医疗期满或者客观情况发生重大变化等。这些情况都需要公司进行举证。比如,公司认为员工表现不好的,需要结合员工的岗位职责设置考核目标,对员工进行考核。如果员工考核不合格才能视为不胜任工作。员工不胜任工作的,
Q recently proposed to terminate the labor relationship with a staff, mainly due to its poor performance, the leadership is not satisfied. The staff to the company for many years, wages are relatively high, has more than three times the local social security pay. The staff usually acceptable attitude, no discipline. Now leaders eager to dismiss the employee, if employees do not agree, we directly lift the risk? A First, the company wants unilaterally dismissed employees, the need for statutory grounds for dismissal, incompetence, medical expiration or objective changes have taken place. These circumstances require the company to prove. For example, if a company believes that an employee is not performing well, it needs to set a test target in line with the employee's job responsibilities and assess employees. If the employee failed the examination can be regarded as incompetent work. Employees are not qualified to work