Re：劳务纠纷

发布时间：2015年5月15日 作者：

ear Lawyer, I would appreciate as we would like to clear some point regard one of our worker. We have company name Chi Pen Ltd. in SZ. 我们在深圳设立了一个代表处chipen ltd The company is registered in HK, but we have branch in SZ 我们在香港注册,在深圳设立的是一个代表处 In this branch there are several workers, that all of them working under contract that we have with man power company, 代表处雇了几个员工,他们都是跟外服机构签订的劳动合同. The all workers getting salaries every month from this man power company. 所有员工工资都是从外服机构发放的. We pay to the workers every month some addition amount separately to them as “return expenses” amount that agreed with each one of them. 每个月我们会单独发给这些员工一些额外的津贴.这些都是和员工们协商好的金额.这个津贴是从私人账号转给员工的. The above information is general brief. 以上是我们基本信息. One of the workers, that work with us about one and half year, she is very lazy, she do the work very bad, the attitude to the work and to the company is very bad, the communication with here bad, and she almost cannot communicate with the manager of the company, Chinese person as well. 一个员工在这个代表处工作一年半了,她很懒惰,工作不积极,工作态度非常差,沟通能力差. 她很难和代表处的领导及员工相处. We would like to finish here work, and in fact to fire here. 因此,我们想开除她. We have consult with the man power company which they should do it, but they answer us that if we cannot shows that she damages the company, it is difficult to fire here.我们已经咨询外服机构, 但是他们的回复说,如果这个员工没有给公司造成巨大的损失,我们很难解雇她. I cannot accept they conclusion, and my questions are as follow: 我接受不了这个结果, 我有几个问题想向您咨询一下, 1) Can we reduce the salary to some worker if we think that he don’t work well? (This is privet company of course) 如果我们觉得她工作表现不好,我们能扣她工资吗?(我们是私企) 2) Can we fire here with one month notification; even we don’t want to explain why?? 如果我们没有任何理由,我们提前一个月通知这个员工,我们能开除她吗? 3) What amounts we need to pay here in case we fire here after one month notification? 如果提前一个月通知后,我们需要赔他多少钱? 4) Do we need to take in consideration the amount we pay not as salaries but as expenses when we pay here after fire here?? 我们开除她,我们需要把所有的费用算进去吗, 除了工资之外,我们需要付津贴的费用给她吗? 5) If the workers refuse to be fire, what should be done?? 如果员工不同意我们开除她,我们该怎样做? 6) What we need to know more about firing some worker that I don’t know to ask. ,除以上问题以外, 解雇员工,我们还需要了解哪些法律常识