According to the provisions of the Labor Contract Law, for employees who are not competent for the job, the company should first conduct training or adjust their posts. If the employee is still incompetent after training or post adjustment, the company may terminate the labor contract with the consent of the trade union, but it needs to pay economic compensation according to the employee's working years.
The Labor Contract Law of People's Republic of China (PRC) is a law and regulation formulated to improve the labor contract system, clarify the rights and obligations of both parties to the labor contract, protect the legitimate rights and interests of workers, and build and develop harmonious and stable labor relations.