A Probe Into The Legal Issues Of "Uncompetence" As The Reason For Dismissal

This paper takes four cases as the starting point of the study.Through a simple description of the cases,it summarizes and summarizes the disputes reflected in the cases and the final judgment of the court.The disputes can be divided into four aspects: Is a can take out as not up to the fire reason,2 it is unit of choose and employ persons and employee can be on training the causes and consequences of switch sides disputed,the third is the determination of subjective attitude can be controversial,four is the basis of both sides to decide-controversial assessment system,through the analysis of the problem case reflects the controversy,as well as the reason for the existence of the dispute and background,the author in the practical work against that laborers "incompetent" situation combing and analysis of the related problems,and then put forward the specific content of the standards.Some scholars questioned the feasibility and effectiveness of the disposal after the determination of "incompetent",such as whether the subjective attitude can be used as one of the reasons for the determination of "incompetent" and the employment on the issue of "incompetent"Whether the burden of proof of the unit is too heavy,and put forward their own views.In view of the above disputes,the author elaborated three Suggestions from the legislation;Firstly,it is necessary to consistently adhere to the implementation of the principle of balance of labor and capital interests.Secondly,legislation should be adopted to refine the standards of incompetency.Finally,the identification of incompetency should be expanded to avoid one-sidedness of the identification of a single subject.Then,from the perspective of judicial practice to express.In judicatory practice,to regard cognizance as laborer "cannot competent" unit of choose and employ persons performance is assessed proposed want From the content of the performance appraisal,the formulation of the way and the process of specific analysis and elaboration,in order to Provide reference for establishing the standard of "incompetent".In addition,in judicial practice,the unit system Rules and regulations also serve as a basis for workers to be "incompetent".Because it involves Whether labor contract continues to fulfil reach laborer interest,reason unit of choose and employ persons wants to set according to law when making Program,go up in the program with laborer mutual negotiate,content must accord with legal regulation,must not harm laborer to close Method of rights and interests.The content about workload or post requirement that unit of choose and employ persons makes,accord with legal regulation in content.Below the circumstance of,also can serve as judgement laborer "cannot be competent" basis.Finally,from the perspective of unit of choose and employ persons to illustrate how to perfect is not competent for that approach,standard and procedure,by making a legitimate and reasonable rules and regulations,scientific cognizance incompetent,timely and accurate legal offer training to employees and the duty,improve oneself ability of proof of unit of choose and employ persons,reduce the dispute,unit of choose and employ persons and laborer harmonious coexistence.