Q:
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Can foreign invested enterprise terminate the employment contract with an employee who is incompetent?
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A:
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Yes.
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Q:
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For employees who are not competent for their jobs, what measures can foreign invested enterprises take except for terminating the labor contract directly?
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A:
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1.
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Arrange training for the employee. During the training, the foreign invested enterprise should collect all training-related materials, such as payment vouchers for training fees, training participation attendance records, and training summaries signed by employees, etc.
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2.
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Adjust the post. Foreign invested enterprise should try to assign the incompetent employee positions which could match their qualifications, experience and performance level. In addition, the post transfer shall avoid discriminatory or insulting posts.
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Q:
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If an employee is still incompetent after training or post adjustment, the foreign invested enterprise intends to terminate employment contract. What should the foreign invested enterprises pay attention to?
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A:
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The foreign invested enterprise should notify the employee in writing 30 days before the final termination date or pay an extra one-month salary in lieu of.
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Q:
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When terminating labor contract with the incompetent employee, does the foreign invested enterprise need to pay economic compensation or severance pay to its employees?
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A:
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Yes.
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Q:
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If foreign invested enterprise dismisses an employee on probation, what should foreign invested enterprise do?
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A:
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To dismiss an employee during the probation period, the foreign invested enterprise shall prove that the employee does not meet the employment conditions before the contract is terminated.
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Q:
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What will be the consequences if foreign invested enterprise dismisses its employees inappropriately?
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A:
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When foreign invested enterprise dismisses its employees, it needs to follow the procedures stipulated by law and take reasonable measures, otherwise, it will be deemed as illegal termination. In addition to paying corresponding legal economic compensation, illegal dismissal of employees shall bear the responsibility for compensation if damage is caused to the employees; if the circumstances are serious, administrative fines shall be imposed according to law; if a crime is constituted, it will be prosecuted for criminal responsibility according to law.
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