燃气销售企业劳动合同解除的法律风险及对策分析

Legal Risks to Release Labor Contract in Fuel-gas Selling Companies and Their Countermeasures

针对燃气销售企业劳动合同的解除产生纠纷较多、存在大量争议的问题,对劳动合同的解除作了清晰的界定,阐述了燃气销售企业劳动合同解除的双方协议解除合同、劳动者单方解除合同、企业单方解除合同3种类型,以及分析了包括解雇试用期劳动者、解雇严重违纪违规劳动者、解雇给单位造成损失的劳动者、解雇被追究刑事责任的劳动者、解雇与其他单位建立劳动关系的劳动者及解雇接触企业商业秘密劳动者面临的6大法律风险,并结合有关法规规定及具体实践提出相应的防范对策。

In some fuel-gas selling companies, to release labor contract can easily lead to disputes and also occurs a lot of controversies. So, this study makes a clear definition about the release of labor contract and explains its three types: by negotiation of bothemployee and employer, by employee, and by employer. Meanwhile, six legal risks occurred after dismissing employees are analyzed, containing in their probation period, having serious violations of discipline, causing losses to company, being investigated for criminal responsibility, setting up labor relationship with other companies, and stealing business secret. Finally, some countermeasures are made in views of the relevant regulations and practical situations.