[Legal Story] Must the last one be eliminated?

On New Year's Eve, Yao Li, a manicurist at the nail salon, rushed to the hotel to attend the annual meeting of the unit. As soon as she entered the hall, she saw a group of colleagues around Jason, the finance director, giving out red envelopes.

The annual meeting was very lively. Halfway through the wine, the waiter brought a chicken soup. At this time, a colleague said: today is a small year. I read a story in the story club. The boss served us this chicken soup, but it is very famous.

Everyone was interested, stopped chopsticks and listened to her: There was a custom in ancient Huizhou merchants. The boss likes to invite his apprentices to dinner and hold farewell dinners in his early years. After dinner, everyone packed up and went home for the New Year. The essential dish of farewell dinner is chicken. This dish must be paid attention to. Who the head of a chicken is facing, that person knows it well, and he doesn't have to go back to the store after the New Year.

Hearing this, everyone's eyes are on the direction of the dog's head. Yao Li found that the dog's head was facing her, and she suddenly remembered the red envelope.

Yao Li used the toilet as an excuse to hide in the toilet and opened the red envelope. She found a piece of paper in the red envelope with a notice of termination of the labor contract printed on it. It was clearly stated in the notice that because she was at the bottom of the unit's annual performance appraisal, the unit decided to terminate the labor contract with her according to the rules and regulations of the last elimination system. If you count more money, you will get an extra month's salary. Oh, my God, what's extra is severance pay!

Everyone looked at each other, and the manager paused. Hahaha smiled and said, This suggestion is very good. We must consider it. We must consider it. Say that finish, he turned and left.

Yao Li also wanted to catch up with the theory, and found that someone gently pulled her behind and turned to look. It was phoeny. Xiao Feng blushed and said, Sister Yao, there is nothing wrong with the evaluation result. I was the last one, but I paid a VIP card for myself at the last minute.

Yao Li froze. Xiaofeng got himself a VIP card at the critical moment, rising from the penultimate to the penultimate. Finally, he flew very low and passed safely. Yao Li was speechless, paused and walked out of the hotel with her bag.

After returning home, Yao Li became more and more wronged and couldn't help calling her cousin to complain: the workplace is like a battlefield. Xiao Feng is usually an honest boy, but he can also do some mean things. Obviously, I am not the one with the worst working ability.

Cousin calmly said: Xiaofeng is just trying to keep her job. It's your boss who is mean. It is legal for the employer to unilaterally terminate the labor contract, so every assessment must be the last one and the last one to leave? I'm afraid it doesn't make legal sense.

A word reminded Yao Li that with the support of her cousin, Yao Li proposed labor arbitration, and finally the arbitration commission ruled that the nail salon should pay all the compensation for the illegal termination of Yao Li's labor contract.

Lawyer's comments:

The story "Will the last one be eliminated?" It mainly involves a legal issue, that is, how the employer can legally and effectively implement the last elimination system. According to the law, if the laborer seriously violates labor discipline or is incompetent, the employer may terminate the contract. But the key point is that the last one is not necessarily a violation of labor discipline or incompetence. Even if he is incompetent, we should first consider whether to adjust through post changes, training and other forms to achieve the conditions of competency.

Therefore, as reflected in this story, Yao Li was nailed to a series of legal procedures for the club to terminate the contract on the grounds of the last elimination system. Even within the scope of rules and regulations, if she was incompetent without training or post adjustment, giving a written notice 30 days in advance or paying an extra month's salary, her termination of the contract still did not meet the legal requirements.