Date: 2026-09-16
Views: Case Overview
The employer unilaterally terminated the labor contract on the grounds of "incompetence in the job", but failed to perform the training or job transfer procedures in accordance with the law.
Outcome
The lawyer argued that the termination procedure was illegal, and both the arbitration and the first-instance court supported the worker's request for economic compensation and damages.
VI. Common Questions about Unlawful Termination of Labor Contracts
- Q: Can an employer fire an employee for "incompetence" without training or transfer?
A: Usually no. Law requires lawful procedures such as training or job adjustment before termination on incompetence grounds. - Q: What compensation can workers claim for illegal termination?
A: Workers may claim economic compensation and, where statutory conditions are met, additional damages for unlawful termination. - Q: Should I file labor arbitration first?
A: Yes. Labor disputes generally go to arbitration first; unfavorable results can then be sued in court. - Q: What evidence should employees keep?
A: The termination notice, employment contract, payroll records, attendance, training/transfer notices, and communication records. - Q: How can a Beijing labor lawyer help?
A: Lawyers assess procedure legality, calculate claims, and represent clients through arbitration and litigation for dual wins where supported.