Abstract

The Labor Law of the People's Republic of China sets many restrictions on employers' unilateral termination of labor contracts. Termination due to work incompetence is the most common scenario in enterprises' "difficulty in contract termination".In labor disputes arising from termination due to work incompetence, employers have a relatively high rate of losing cases, mainly because the legal characterization of "work incompetence" is unclear, identification standards are ambiguous, and termination procedures are complex. Analysis of judicial big data and individual cases shows that the main reason for employers losing cases is their inability to provide sufficient evidence to prove "incompetence" and the ineffectiveness and unreasonableness of training and job transfers. When terminating employment due to work incompetence in enterprise management, employers should pay attention to the objectivity of evidence, legality of procedures, effectiveness of training, and reasonableness of job transfers to avoid the risk of illegal termination.