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Dismissal and training
Paragraph 2 of Article 40 of the Labor Contract Law clearly stipulates that: If a laborer is incompetent after training or job adjustment, the employer may terminate the labor contract after notifying the laborer in writing 30 days in advance or paying the laborer an extra month's salary. The evidence of "the laborer is not competent for the job" can be the result of performance appraisal. So what should enterprises pay attention to in specific operations?

1. Enterprises need to clearly stipulate in the relevant system of performance appraisal that when the assessment results reach what level, it means that employees are incompetent, and the labor contract can be terminated for incompetent employees. For example, employees are classified according to the assessment scores: above 95 points-excellent, 90-95 points-excellent, 80-90 points-competent (qualified), 60-80 points-basically competent (basically qualified), and below 60 points-incompetent (unqualified);

2. The score of performance appraisal is well-founded, whether it is the result or the fact. In short, it is necessary to show that the grading results are fair and reasonable, and employees need to sign.

3. Employees who are proved incompetent after performance appraisal cannot be directly dismissed, and must be trained or transferred first. If it is training, training attendance and training records must be kept. If it is full-time training, performance pay and bonus can be stopped during the training period. For post adjustment, there must be relevant documents of internal transfer, which shows that the reason for post adjustment is that the salary standard after post adjustment is re-approved according to the new post, so enterprises should pay attention not to adjust to another post with a salary level higher than the original level;

4. The treatment of employees who violate discipline depends on whether the performance appraisal system involves the assessment of employees' code of conduct. If so, what kind of punishment should be given to employees' behavior can be clearly defined in the code of conduct assessment. If there is no code of conduct assessment, it needs to be punished in accordance with the provisions of the company's employee handbook or other relevant systems;

5. In addition, enterprises need to pay attention to the fact that the system or normative documents issued by the company need to be publicized or signed by employees before they can be recognized as effective.