If the employee is not competent for the job, and is still incompetent after training or post adjustment, the employer may notify the employee in writing 30 days in advance or pay an extra salary of 1 month to terminate the labor contract.

I. Compensation for dismissal:

1. If the employee is dismissed without reason, the unit needs to pay double economic compensation.

2. If the employee is dismissed at the expiration of the contract, the unit needs to pay economic compensation.

3. In case of economic layoffs, the dismissed employees need to pay economic compensation.

4. Employees seriously violate company discipline, and the unit does not need compensation.

5. If the employer dismisses the employee during the probation period because he does not meet the employment conditions, the employer does not need to pay economic compensation.

6. Employees who reach retirement age have no financial compensation.

Two, the employer has one of the following circumstances, the employee may terminate the labor contract:

1. Failing to provide labor protection or working conditions as agreed in the labor contract;

2. Failing to pay labor remuneration in full and on time;

3. Failing to pay social insurance premiums for workers according to law;

4. The rules and regulations of the employing unit violate the provisions of laws and regulations and damage the rights and interests of workers;

5. The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law;

6. Other circumstances in which the laborer can terminate the labor contract as stipulated by laws and administrative regulations.

Three, in accordance with the relevant provisions, the employer shall not pay economic compensation to workers, including:

1. If the employee voluntarily proposes to terminate the labor contract, or the employer raises the salary of the labor contract but the employee is unwilling to renew it, the employer may not pay economic compensation.

2. During the term of the labor contract, if the labor contract is terminated due to the transfer or transfer of the work unit by the competent department, and unemployment has not been caused, the employer may not pay economic compensation.

Due to the fault of the laborer, the employer may unilaterally terminate the labor contract without paying economic compensation.

Four, the calculation standard of economic compensation:

1. The economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.

2. If the monthly salary of a worker is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city divided into districts where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary of the worker, and the longest period for paying economic compensation to the worker shall not exceed twelve years.

3. The term "monthly salary" as mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.

Legal basis:

Labor law of the people's Republic of China

Article 26 Under any of the following circumstances, the employer may terminate the labor contract, but it shall notify the employee in writing 30 days in advance:

(1) The employee suffers from illness or non-work-related injury, and after the medical treatment expires, he can't engage in the original job or other jobs arranged by the employer;

(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;

(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes the original labor contract impossible to perform and the parties cannot reach an agreement on changing the labor contract through consultation.

Article 31 A laborer who terminates a labor contract shall notify the employer in writing 30 days in advance.