If the laborer is not competent for the job, and is still incompetent after training or job adjustment, the employer may terminate the labor contract by giving a written notice 30 days in advance or paying an extra month's salary. The so-called "incompetence" here refers to the inability to complete the work tasks agreed in the labor contract or the workload of people of the same type and position as required. However, the labor quota standard of the employer should be reasonable, that is, the vast majority of workers can complete it within the legal working hours. If the employer terminates the labor relationship with the laborer because he is incompetent for the job, it shall pay economic compensation. The standard is to work 1 year and pay 1 month salary. If the written notice is not given 30 days in advance, the salary of 1 month shall also be paid as the payment in lieu of notice. When an employer terminates a worker on the grounds that the worker is incompetent for the job, it is necessary to adjust or train the worker first. If the employee is still incompetent after adjusting his post or training, he can propose to terminate the labor contract. It is illegal for the employer to directly terminate the labor relationship on the grounds that the laborer is incompetent for the job. Workers can claim compensation, with the standard of twice the economic compensation and 1 two months' salary for working years. "Labor Contract Law" stipulates that: if a laborer is not competent for the job and is still incompetent after training or job adjustment, the employer shall notify the laborer in writing 30 days in advance or pay the laborer one month's salary in addition to the forehead of the termination of the labor contract.
Legal basis: According to the Labor Contract Law, if a laborer is not competent for the job and is still incompetent after training or job adjustment, the employer shall notify the laborer in writing 30 days in advance or pay the laborer one month's salary in addition to the forehead of the termination of the labor contract. It can be clearly seen from the regulations that if an enterprise wants to terminate the labor contract if it is incompetent, it must carry out training or adjust the working procedures of the post, otherwise it will be regarded as illegal termination. According to the provisions of Articles 17, 26 and 31 of the Labor Law, if the original labor contract cannot be performed due to major changes in the objective conditions on which the labor contract was concluded, both parties must reach an agreement through consultation. If no agreement can be reached, the labor contract can be dissolved according to legal procedures. If the employee is incompetent, it belongs to the autonomy of the employer. Disputes arising from post changes of workers shall be handled in accordance with the above provisions. Usually, changing a worker's post needs to be determined in writing through consultation with the worker, except that the worker is incompetent.