If the employee is dismissed due to incompetence, if the company does not give notice in advance, the company needs to pay the employee one month's salary as payment in lieu of notice. If the employee has insufficient ability, the company can improve the skills and quality of the employee by means of job transfer, training, and providing development opportunities. If the employee is still incompetent, the company can terminate the labor contract according to law, but it needs to notify the employee in advance and pay the corresponding economic compensation to the employee.
If the employee is dismissed due to incompetence, the company needs to pay the employee one month's salary as notice money, and pay the employee corresponding economic compensation.
If an employer dismisses an employee, compensation shall be made according to the following circumstances:
1. For negligent dismissal, the employer does not need compensation. Negligent dismissal generally refers to the dismissal of a worker when there is an illegal situation or when the interests of the employer are damaged. If a worker causes losses to the employer, he shall also be liable for compensation.
2. The employer shall pay economic compensation for dismissal without fault. The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year. If the employee has not been notified in writing one month in advance of the non negligent dismissal, the notice on behalf of the employee shall also be paid.
3. In case of illegal dismissal, the employer shall continue to perform the labor contract or pay compensation. If the laborer requests the Employer to continue to perform the labor contract, the Employer shall continue to perform it; If the employer does not require to continue to perform or the labor contract cannot be performed, the employer shall pay twice the economic compensation standard.
Legal analysis: economic compensation shall be paid for dismissal of employees with insufficient working ability. They are dismissed because they are incompetent. If an employee is not competent for his/her job, the employer shall conduct training or adjust his/her position. If he/she is still not competent for his/her job after training or adjustment, he/she may terminate the contract by giving a written notice 30 days in advance or paying an additional month's salary, but he/she shall pay economic compensation of one month's salary per year according to the length of his/her work.
Legal basis: Labor Contract Law of the People's Republic of China
Article 37 A worker may terminate his labor contract by giving a written notice to the employing unit 30 days in advance. The laborer may terminate the labor contract by notifying the employing unit three days in advance during the probation period.
Article 38 Under any of the following circumstances, a worker may terminate his 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 employer 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) Laws Other circumstances under which an employee may terminate his/her labor contract as stipulated by administrative regulations.
If the employing unit forces the laborer to work by means of violence, threat or illegal restriction of personal freedom, or if the employing unit commands or forces the laborer to work at risk in violation of regulations, which endangers the personal safety of the laborer, the laborer may immediately terminate the labor contract without informing the employing unit in advance
Article 39 The employing unit may terminate the labor contract of a worker in any of the following circumstances:
（1） During the probation period, if it is proved that the employee does not meet the employment conditions, (2) seriously violates the rules and regulations of the employer, (3) seriously neglects his duty, engages in malpractices for selfish ends, and causes major damage to the employer, (4) the employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the unit's work tasks, or is proposed by the employer, Those who refuse to make corrections (5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law (6) Those who are investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employing unit may terminate the labor contract after notifying the laborer himself in writing 30 days in advance or after paying the laborer an additional month's wages:
（1） If a worker falls ill or suffers non work related injuries and is unable to take up his original job or another job arranged by the employer after the prescribed medical treatment period expires, (2) the worker is not competent for his job and is still not competent for his job after training or job adjustment, (3) the objective conditions on which the labor contract was concluded have changed significantly, resulting in the inability to perform the labor contract, The employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.
