The Judgment And Research On Application Problems Of "Dismissal For Not Competent In Twice"

The relationships between employers and employees are complicated gradually,and the disputes about the employees not competent in the work are frequent.The direct gist for judge as to such working disputes is the clause of "Dismissal for Not Competent in Twice",which can be used in the condition of employers to dismiss the labor contracts even without any fault,it not only presents the protection on the related rights and interests of employees,but also it shows the autonomous rights of their employment.However,due to the incomplete of the legislative technique,there are still some problems of this clause.They are mainly:on one hand,there is some incompleteness in the clause,due to the unclear concept,and unclear classification,when applied it into the judicial,there are some difficulties,so that the employers and employees can not protect their own rights and interests on this clause;on the other hand,during the course of the application of the clause,there are some phenomena about abusing and misusing,which infringe the related rights and interests of laborers.After the consideration of the above problems,by means of the case analysis and comparison method,and other methods to research,i will have some researches on the judgment and application problems of "Dismissal for Not Competent in Twice".As to the research of the application problems of "Dismissal for Not Competent in Twice",it not only can benefit the completion of dismissal protection system,but also it can realize the protection on labor rights and interests and also the security to the autonomous right of employers to the employees,and also solve the troubles of application in the judicial institutions.Regarding the "Obj ective and Bad at Talking" as the standards to judge the competence of laborers,it can make clear the efficient judgment gist of transfer-position and the training behaviors of employers,which can not only strengthen the application of the clause,but also realize the protection to rights and interests of laborers and employers,and realize the balance of the relationship between labor and salary.In the research of autonomous right of employers to the employees,the employers can establish efficient "Performance Appraisal System" to secure the autonomous right of employment.At the same time,it should strengthen the punishment of the employers in abusing the right to dismiss by the related laws,regulate the consciousness of employers in using their rights by the law,strengthen the bound of employers to their own behaviors,by means of the clearance of the supervising rights and responsibility of labor union,so that it can have some bounds to the usage of autonomous right of employers to the employees.During the course of investigation of arbitral institutions to the cases which can not win a lawsuit,it should make clear the claim of employers,have over inspect on the behaviors of employers and employees,including the competent standards of employers,training or the rationality of transfer-position,evidence to judge the employees incompetent,and the reasonable inspection on the dismiss of labor contract.