How Employers Can Legally Terminate Labor Contracts and Protect Their Business

In the foreign trade industry in China, labor law is a crucial regulation that provides powerful protection and regulations for the relationship between employees and employers. Here, we will discuss how to correctly apply labor law regulations in the foreign trade industry to avoid illegallyterminate labor contractswhile ensuring the normal operation of the employer.

First, let's look at the issue of the probation period. The probation period is a stage where the employer evaluates the employee's abilities and whether they meet the requirements. If the employee is proven to be unqualified during the probation period, the employer can terminate the labor contract, but it must be objective and fair. For example, if a foreign trade salesperson fails to meet sales targets during the probation period, they can be considered unqualified for employment. However, if the labor contract is terminated only because of a bad relationship between the salesperson and the boss, it may be illegal.

Second, serious violations of labor discipline or employer regulations are also one of the reasons for terminating labor contracts. In the foreign trade industry, honesty and compliance with rules are crucial because it is an industry that requires building trust. If an employee seriously violates regulations, such as disclosing company secrets to customers without authorization or violating the company's bribery prohibition, the employer can terminate their labor contract. However, the employer must have clear regulations and be able to strictly enforce them; otherwise, they may also face legal liability.

Third, serious dereliction of duty or embezzlement is also one of the reasons for terminating labor contracts. In the foreign trade industry, employee professionalism and integrity are essential. If an employee steals or damages company property due to personal reasons, the employer has the right to terminate their labor contract. I once handled a case where a warehouse manager had some personal difficulties and was tempted to take a batch of goods out and sell them at a lower price to others. This not only caused the company to lose profits but also had a significant impact on the company's reputation. Later, when the company inventoried the goods, the employee was discovered. Because the employee's behavior seriously violated the company's regulations and caused the company economic losses, the employer terminated their labor contract. Therefore, employees must maintain professional ethics and integrity in their work and protect the company's property and interests.

Finally, if an employee is legally pursued for criminal responsibility, the employer can also terminate their labor contract. This is because the employee has already committed a crime, and the employer has lost the credibility and reliability it needs.

In summary, correctly applying labor law regulations in the foreign trade industry is crucial. Employers should establish sound regulations and management systems, strengthen employee training and management, and strictly comply with labor law regulations to ensure the normal operation of the employer while providing employees with a reasonable working environment and protection. Employees should also understand their rights and obligations, strictly abide by regulations and labor law regulations in their work, and legally protect their legitimate rights and interests while contributing to the development of the company and economic society. Only by jointly abiding by laws and regulations can employees and employers achieve a win-win situation.

Zhai Dongwei International Trade & logistics Attorney team was founded in 2007. Its founder, Zhai Dongwei, is the founding partner of Guangdong Yingzun Law Firm. Focusing on International trade,maritime affairs, and supply chain cases for more than 16 years, the team currently has more than 30 professional logistics attorneys, of which more than 10 have overseas work and study experience, and can use Chinese, English and French to work and participate in business negotiations.