的理解
《劳动合同法》第39条规定：“劳动者有下列情形之一的，用人单位可以解除劳动合同：……三严重失职，营私舞弊，给用人单位造成重大损害的。”严重失职、营私舞弊是指劳动者在履行劳动合同期间，没有按照岗位职责履行自己的义务，违反其忠于职守、维护用人单位利益的义务，有未尽职责的严重过失行为或者利用职务之便谋取私利的故意行为，使用人单位有形财产、无形财产遭受重大损害，但不够刑罚处罚的程度。
在适用该条时，需注意劳动者有严重失职、营私舞弊行为的，用人单位并不能理所当然地解除劳动合同，还得具备一个条件，即严重失职、营私舞弊给用人单位造成重大损害的。未造成重大损害的，用人单位不得解除劳动合同。如何认定“重大损害”呢？法律并无具体规定，司法实践中也无统一标准可供参考。《劳动部关于〈中华人民共和国劳动法〉若干条文的说明》劳办发［1994］289号第25条第3款规定，“重大损害”由企业内部规章来规定。因为企业类型各有不同，对重大损害的界定也千差万别，故不便于对重大损害作统一的解释。若由此发生劳动争议，可以通过劳动争议仲裁委员会对其规章规定的重大损害进行认定。HR顾问列举两个典型案例，如下： 【典型案例】案例一： 钟先生于2001年3月份入职深圳某公司品检部担任产品检验员职务，公司与钟先生签订了劳动合同，合同中约定工资为3000元/月。2005年10月，公司以钟先生工作严重失职本应抽检50件产品只抽检30件产品导致公司重大损害为由解除与钟先生的劳动合同。钟先生辩称，虽然少抽检了部分产品，但产品在使用过程中并没有质量问题，公司以工作严重失误为由将他辞退显然是想辞退后不支付经济补偿金而找的理由，如果公司坚持要辞退，必须支付经济补偿金。公司认为，他们辞退钟先生是因为钟先生工作的严重失误导致了公司重大损失，现在只将钟先生辞退而没有要求钟先生赔偿损失已经是仁至义尽了，对于钟先生要求给予他经济补偿，该公司坚决不同意，只同意支付当月工资。双方经多次协商未果，钟先生申请劳动仲裁。
仲裁庭认为，公司以钟先生严重失职导致公司重大损失为由提出解除劳动合同，但未能提出相关证据证明公司存在重大损失。因此，公司单方面解除与钟先
rass-roots governance according to law is an important foundation for promoting the construction of rule of law, but also the most basic development environment. Despite my good social order in General, but there are law-abiding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the field of multi-level governance according to lawpromote the continuous improvement of the social environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and education on honesty and trustworthiness, guide the masses and consciously abide by the law, failing to find method, problem-solving method, method of gradually changing the world, he is not looking for but someone \"unspoken rules\w lawabide by the good atmosphere. To strengthen the comprehensive management of public security. Deepening peace xingan construction, stronglyagainst violence crime, mafia and serious criminal offences, to protect the legitimate rights and interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stability. o resolve social conflicts by law. To further smooth channels of reporting social conditions and public opinion, improving regulation, arbitration, as well as dispute resolution mechanisms, implement fully the petitioners ' cases \"third-party\" hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twining visit visit, disturbing social order and other malicious extortion, resolutely crack down. Five, improving cadres Vitale, provide strong protection for forest development XI General Secretary stressed that the comprehensive revitalization in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, should want to do work and able to do good, enthusiasm is paramount. Treat party cadres, it is necessary to Strict management, and warm care, enable the broad masses of cadres work hard work, this is two parallel principles. In strict accordance with the standards of good cadres selection and appointment, the real officers, dare officers, those who want to play, good as excellent cadres at all levels of leadership in the past. At present, some leading cadres work initiative is not high, beyond political, idle, lazy governance governance, not as, slow, messy and a phenomenon still exist to varying degrees, affected and restricted economic and social development. We must mobilize the enthusiasm of cadres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practical solution \"for the officers not to\" problem, motivate cadres and better lead the masses to an undertaking, the cadres and create the new achievement in a dareto play, good at shows as new. To identify the problem, accurate pulseof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newrelationship between Government and business. The \"two sessions\ear\" the word succinctly summarized the new relationship between Government and business, as pure politics, reshaping the political relationship specified in the direction. District leaders in handling political and business relations, engage in trading power for money, and finally stumbled, we a lesson, always keep in mind that \"Pro\ean\" practicing \"Pro\o open a sincere engagement with private enterprise to help solve practical difficulties; \" Clear \"is to clarify the Division of power, exercised in accordance with, private entrepreneurs with innocent purity, not abusing power for personal gain, not to engage in trading power for money. Third, in order to maintain fairness and justice. Fairness and justice is the lifeline of the rule of law, is the best development environment. Currently, lax law enforcement and the judicial sector in our region also exist to varying degrees, lawenforcement departments and individual window units power for personal gains and bribes, thick friends, relations, human cases, money cases in which seriously infringe on the legitimate rights and interests of enterprises and people. Especially some law enforcement and inspection for profit purposes, deliberately looking for corporate loopholes, found directly under the ticket does not give business improvement opportunities. We recruit a company doesn't easily, cultivating a business more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enterprise collapsed. o guarantee the legitimate rights and interests. Always proceed from the overall situation of reform and development of services, fully consider the characteristics of production and management in non-public enterprises and social benefits, an accurate grasp of legal limits, protect the enthusiasm of entrepreneurs and practitioners in innovation and entrepreneurship, enhancingexpectations and confidence. To promote strict enforcement. Strengthening law enforcement procedures, improve law enforcement performance evaluation, strengthening the supervision of law enforcement, exploration and practice of risk control mechanism of law enforcement to further standardize the social security, urban management, road traffic administrative law enforcement, effectively free, extensive law-enforcement and lax enforcement of law enforcement and other issues. o uphold justice. Justice is the last line of Defense to safeguard fairness and justice, to unequivocally support the courts and procuratorates independently exercise level ... Judicial activities were rampant, must not be allowed to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to abuse of power, to make forest mass can be felt in every judicial cases in equity and justice. Four to deepen grass-roots governance according to lawchain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find lawsolve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve thedevelopment environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the law, impunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of \"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rulechain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find law, solve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve the development environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the lawimpunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of\"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rule生的劳动合同的理由不成立，应当支付解除劳动合同的经济补偿金。
案例二： 1998年2月，李某进入深圳某塑胶模具厂工作，由于李某技术水平高，公司给他的待遇也不低，月工资5000元。2006年9月，李某在生产过程中由于操作失误，导致一套模具损坏，公司花了二万余元才将该损坏的模具修复好。公司以李某严重失职造成公司重大经济损失为由辞退了李某。2006年10月，李某申请劳动仲裁要求公司支付经济补偿金45，000元及代提前通知金5000元。仲裁委员会驳回了其申诉请求，李某不服向法院提起诉讼。
庭上，公司答辩称《公司规章制度》明确规定：严重失职，并造成经济损失10，000元以上的，公司有权辞退，并不支付经济补偿金。李某违反了公司规章制度相关条款的规定，属于严重失职，并造成公司经济损失20，000元以上，应予以辞退，所以不同意支付解除合同的经济补偿金及代通知金。法院审理后认为，2006年9月，李某在生产过程中由于操作失误，导致一套模具损坏，造成公司经济损失达二万余元，按照公司已经公示的规章制度规定，李某行为属于严重失职，公司以此为由辞退李某并无不当，李某要求公司支付经济补偿金及代通知金的诉讼请求，无法律依据，不予支持。
【评析】HR顾问认为严重失职，营私舞弊，给用人单位造成重大损害的，用人单位可解除劳动合同。案例一中钟先生在工作中虽有失误，漏检验了部分产品，但该行为并未造成公司重大损害，公司也没有举证证明其实际经济损失。因此，公司以钟先生工作严重失职、造成公司重大损失为由单方面解除劳动合同不符合法律规定，应当向钟先生支付解除劳动合同的经济补偿金。案例二中李某行为导致公司模具损坏，维修费花费二万余元，公司规章制度中对此进行了规定，且规章制度已公示，因此，公司依据公司规章制度以李某行为系严重失职，造成公司重大损害为由而予以辞退符合法律规定。
【风险提示】多大的损害属于“重大损害”？一万个人可能有一万种回答，这种案件交给仲裁员或者法官去“自由裁量”，估计结果也各不相同，因此，量化“重大损害”对用人单位非常重要，直接影响案件的裁判结果。建议用人单位在规章制度中直接规定经济损失达到一定的数额则为“重大损害”，避免因概念之争而导致风险。比如在规章制度中规定：员工因严重失职，营私舞弊，给公司造成经济损失10，000元以上的，属于“重大损害”。
rass-roots governance according to law is an important foundation for promoting the construction of rule of law, but also the most basic development environment. Despite my good social order in General, but there are law-abiding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the field of multi-level governance according to lawpromote the continuous improvement of the social environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and education on honesty and trustworthiness, guide the masses and consciously abide by the law, failing to find method, problem-solving method, method of gradually changing the world, he is not looking for but someone \"unspoken rules\w lawabide byhe good atmosphere. To strengthen the comprehensive management of public security. Deepening peace xingan construction, stronglyagainst violence crime, mafia and serious criminal offences, to protect the legitimate rights and interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stability. o resolve social conflicts by law. To further smooth channels of reporting social conditions and public opinion, improving regulation, arbitration, as well as dispute resolution mechanisms, implement fully the petitioners ' cases \"third-party\" hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twining visit visit, disturbing social order and other malicious extortion, resolutely crack down. Five, improving cadres Vitale, provide strong protection for forest development XI General Secretary stressed that the comprehensive revitalization in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, should want to do work and able to do good, enthusiasm is paramount. Treat party cadres, it is necessary to Strict management, and warm care, enable the broad masses of cadres work hard work, this is two parallel principles. In strict accordance with the standards of good cadres selection and appointment, the real officers, dare officers, those who want to play, good as excellent cadres at all levels of leadership in the past. At present, some leading cadres work initiative is not high, beyond political, idle, lazy governance governance, not as, slow, messy and a phenomenon still exist to varying degrees, affected and restricted economic and social development. We must mobilize the enthusiasm of cadres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practical solution \"for the officers not to\" problem, motivate cadres and better lead the masses to an undertaking, the cadres and create the new achievement in a dareto play, good at shows as new. To identify the problem, accurate pulseof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of lawdevelop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implemntation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacyof constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newrelationship between Government and business. The \"two sessions\ear\" the word succinctly summarized the new relationship between Government and business, as pure politics, reshaping the political relationship specified in the direction. District leaders in handling political and business relations, engage in trading power for money, and finally stumbled, we a lesson, always keep in mind that \"Pro\ean\" practicing \"Pro\o open a sincere engagement with private enterprise to help solve practical difficulties; \" Clear \"is to clarify the Division of power, exercised in accordance with, private entrepreneurs with innocent purity, not abusing power for personal gain, not to engage in trading power for money. Third, in order to maintain fairness and justice. Fairness and justice is the lifeline of the rule of law, is the best development environment. Currently, lax law enforcement and the judicial sector in our region also exist to varying degrees, lawenforcement departments and individual window units power for personal gains and bribes, thick friends, relations, human cases, money cases in which seriously infringe on the legitimate rights and interests of enterprises and people. Especially some law enforcement and inspection for profit purposes, deliberately looking for corporate loopholes, found directly under the ticket does not give business improvement opportunities. We recruit a company doesn't easily, cultivating a business more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enterprise collapsed. o guarantee the legitimate rights and interests. Always proceed from the overall situation of reform and development of services, fully consider the characteristics of production and management in non-public enterprises and social benefits, an accurate grasp of legal limits, protect the enthusiasm of entrepreneurs and practitioners in innovation and entrepreneurship, enhancingexpectations and confidence. To promote strict enforcement. Strengthening law enforcement procedures, improve law enforcement performance evaluation, strengthening the supervision of law enforcement, exploration and practice of risk control mechanism of law enforcement to further standardize the social security, urban management, road traffic administrative law enforcement, effectively free, extensive law-enforcement and lax enforcement of law enforcement and other issues. o uphold justice. Justice is the last line of Defense to safeguard fairness and justice, to unequivocally support the courts and procuratorates independently exercise level ... Judicial activities were rampant, must not be allowed to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to abuse of power, to make forest mass can be felt in every judicial cases in equity and justice. Four to deepen grass-roots governance according to lawchain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find lawsolve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve thedevelopment environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the law, impunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of \"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rulechain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leadingcadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find law, solve the problem by lawin accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve the development environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the lawimpunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of\"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rule 【法律链接】 《中华人民共和国劳动合同法》 第三十九条 劳动者有下列情形之一的，用人单位可以解除劳动合同：
一在试用期间被证明不符合录用条件的； 二严重违反用人单位的规章制度的；
三严重失职，营私舞弊，给用人单位造成重大损害的；
四劳动者同时与其他用人单位建立劳动关系，对完成本单位的工作任务造成严重影响，或者经用人单位提出，拒不改正的；
五因本法第二十六条第一款第一项规定的情形致使劳动合同无效的；（劳动者以欺诈、胁迫的手段或者乘人之危，使用人单位在违背真实意思的情况下订立或者变更劳动合同的；）
六被依法追究刑事责任的。
关于第一款：用人单位必须提供证据证明雇员在试用期间不符合录用条件，如不能提出则需要支付经济补偿金。
关于本条第二款：用人单位需要证明雇员违反用人单位规章制度达到严重的程度，同时根据《劳动合同法》第四条，用人单位还要证明该规章制度必须经过法定程序制定，并且已经出示给了员工；所谓法定程序就是职工代表大会或者全体职工讨论，职工大会/职工代表大会则一般至少一年召开一次，并应该有相应的会议记录，对于规章制度的讨论则更应当制作详细的会议纪要以明确其经过法定程序所制定，如用人单位不能提供证据证明规章制度经过职工大会讨论，即使该规章制度已经出示给了员工，则其合法性和有效性仍然不足。其次用人单位还需要证明雇员的行为是严重的行为，对于达到何种程度为严重，则需要劳动仲裁机构和法院自由量裁的范畴。（《劳动合同法》第四条 用人单位应当依法建立和完善劳动规章制度，保障劳动者享有劳动权利、履行劳动义务。
用人单位在制定、修改或者决定有关劳动报酬、工作时间、休息休假、劳动安全卫生、保险福利、职工培训、劳动纪律以及劳动定额管理等直接涉及劳动者切身利益的规章制度或者重大事项时，应当经职工代表大会或者全体职工讨论，提出方案和意见，与工会或者职工代表平等协商确定。
在规章制度和重大事项决定实施过程中，工会或者职工认为不适当的，有权向用人单位提出，通过协商予以修改完善。
用人单位应当将直接涉及劳动者切身利益的规章制度和重大事项决定公示，或者告知劳动者。）
关于第三款：必须同时满足三个条件：1 严重失职；2 营私舞弊；3 重大损害。何为“失职”“营私舞弊”“重大损害”，则是由用人单位在员工守则中去规定的。职工严重失职，营私舞弊，给用人单位造成重大损害的，用人单位可以与之解除劳动合同，无需提前30日通知。但以此条法规解聘员工的前提是，单位在内部规章中应有具体的对失职和舞弊行为的处理规定，而且这些相关处理规章必须经得起仲裁机关的审查和认定。
rass-roots governance according to law is an important foundation for promoting the construction of rule of law, but also the most basic development environment. Despite my good social order in General, but there are law-abiding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the field of multi-level governance according to lawpromote the continuous improvement of the social environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and education on honesty and trustworthiness, guide the masses and consciously abide by the law, failing to find method, problem-solving method, method of gradually changing the world, he is not looking for but someone \"unspoken rules\w lawabide by the good atmosphere. To strengthen the comprehensive management of public security. Deepening peace xingan construction, stronglyagainst violence crime, mafia and serious criminal offences, to protect the legitimate rights and interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stability. To resolve social conflicts by law. To further smooth channels of reporting social conditions and public opinion, improving regulation, arbitration, as well as dispute resolution mechanisms, implement fully the petitioners ' cases \"third-party\" hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twining visit visit, disturbing social order and other malicious extortion, resolutely crack down. Five, improving cadres Vitale, provide strong protection for forest development XI General Secretary stressed that the comprehensive revitalization in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, should want to do work and able to do good, enthusiasm is paramount. Treat party cadres, it is necessary to Strict management, and warm care, enable the broad masses of cadres work hard work, this is two parallel principles. In strict accordance with the standards of good cadres selection and appointment, the real officers, dare officers, those who want to play, good as excellent cadres at all levels of leadership in the past. At present, some leading cadres work initiative is not high, beyond political, idle, lazy governance governance, not as, slow, messy and a phenomenon still exist to varying degrees, affected and restricted economic and social development. We must mobilize the enthusiasm of cadres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practical solution \"for the officers not to\" problem, motivate cadres and better lead the masses to an undertaking, the cadres and create the new achievement in a dareto play, good at shows as new. To identify the problem, accurate pulseof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constituton and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the ule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. To accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newrelationship between Government and business. The \"two sessions\ear\" the word succinctly summarized the new relationship between Government and business, as pure politics, reshaping the political relationship specified in the direction. District leaders in handling political and business relations, engage in trading power for money, and finally stumbled, we a lesson, always keep in mind that \"Pro\ean\" practicing \"Pro\o open a sincere engagement with private enterprise to help solve practical difficulties; \" Clear \"is to clarify the Division of power, exercised in accordance with, private entrepreneurs with innocent purity, not abusing power for personal gain, not to engage in trading power for money. Third, in order to maintain fairness and justice. Fairness and justice is the lifeline of the rule of law, is the best development environment. Currently, lax law enforcement and the judicial sector in our region also exist to varying degrees, lawenforcement departments and individual window units power for personal gains and bribes, thick friends, relations, human cases, money cases in which seriously infringe on the legitimate rights and interests of enterprises and people. Especially some law enforcement and inspection for profit purposes, deliberately looking for corporate loopholes, found directly under the ticket does not give business improvement opportunities. We recruit a company doesn't easily, cultivating a business more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enterprise collapsed. o guarantee the legitimate rights and interests. Always proceed from the overall situation of reform and development of services, fully consider the characteristics of production and management in non-public enterprises and social benefits, an accurate grasp of legal limits, protect the enthusiasm of entrepreneurs and practitioners in innovation and entrepreneurship, enhancingexpectations and confidence. To promote strict enforcement. Strengthening law enforcement procedures, improve law enforcement performance evaluation, strengthening the supervision of law enforcement, exploration and practice of risk control mechanism of law enforcement to further standardize the social security, urban management, road traffic administrative law enforcement, effectively free, extensive law-enforcement and lax enforcement of law enforcement and other issues. o uphold justice. Justice is the last line of Defense to safeguard fairness and justice, to unequivocally support the courts and procuratorates independently exercise level ... Judicial activities were rampant, must not be allowed to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to abuse of power, to make forest mass can be felt in every judicial cases in equity and justice. Four to deepen grass-roots governance according to lawchain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find lawsolve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve thedevelopment environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the law, impunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of \"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rulechain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find law, solve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve the development environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the lawimpunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of\"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rule关于第四款：雇员可以同时与其他用人单位建立劳动关系，但是不得对完成本单位的工作职责产生影响，或者在经过用人单位提出后及时终止了劳动合同的，用人单位不得与雇员解除劳动合同。（在这里建议雇员如果有额外的精力做其他事情的话，可以在不与本单位工作职责产生影响，并不会导致本单位工作失职的情况下与其他单位建立劳务关系，签订劳务合同。）
关于第五款：何为“欺诈/胁迫/乘人之危”，应参考《最高人民法院关于贯彻执行〈中华人民共和国民法通则〉若干问题的意见（试行）》中相关的规定进行评判。
关于第六款：雇员必须被追究刑事责任，用人单位才能无偿解除劳动合同。刑事责任包括故意犯罪和过失犯罪两种；还包括单处主刑（管制、拘役、有期徒刑、无期徒刑和死刑）或者附加刑（罚金、剥夺政治权利、没收财产），或者并处主刑及附加刑，以及被判处缓刑/假释的人；同时还应包括侦查阶段/审查起诉阶段/审判阶段。当然如果用人单位认为有必要，可以在员工守则中规定，如果被追究行政责任，如拘留也可以解除劳动合同，当然这样的规定不属本条范畴，应属于“失职（包括一般涵盖‘矿工’）”的范畴。（参考劳动部《关于贯彻执行〈中华人民共和国劳动法〉若干问题的意见》第二十九条的规定，“被依法追究刑事责任”是指：被人民检察院免予起诉的、被人民法院判处刑罚的、被人民法院依据刑法第三十二条免予刑事处分的。劳动者被人民法院判处拘役、三年以下有期徒刑缓刑的，用人单位可以解除劳动合同。）
最后不管用人单位解除劳动合同是否支付了经济补偿金，作为劳动者均有义务配合用人单位办理工作交接手续。
rass-roots governance according to law is an important foundation for promoting the construction of rule of law, but also the most basic development environment. Despite my good social order in General, but there are law-abiding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the field of multi-level governance according to lawpromote the continuous improvement of the social environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and education on honesty and trustworthiness, guide the masses and consciously abide by the law, failing to find method, problem-solving method, method of gradually changing the world, he is not looking for but someone \"unspoken rules\w lawabide byhe good atmosphere. To strengthen the comprehensive management of public security. Deepening peace xingan construction, stronglyagainst violence crime, mafia and serious criminal offences, to protect the legitimate rights and interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stability. o resolve social conflicts by law. To further smooth channels of reporting social conditions and public opinion, improving regulation, arbitration, as well as dispute resolution mechanisms, implement fully the petitioners ' cases \"third-party\" hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twining visit visit, disturbing social order and other malicious extortion, resolutely crack down. Five, improving cadres Vitale, provide strong protection for forest development XI General Secretary stressed that the comprehensive revitalization in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, should want to do work and able to do good, enthusiasm is paramount. Treat party cadres, it is necessary to Strict management, and warm care, enable the broad masses of cadres work hard work, this is two parallel principles. In strict accordance with the standards of good cadres selection and appointment, the real officers, dare officers, those who want to play, good as excellent cadres at all levels of leadership in the past. At present, some leading cadres work initiative is not high, beyond political, idle, lazy governance governance, not as, slow, messy and a phenomenon still exist to varying degrees, affected and restricted economic and social development. We must mobilize the enthusiasm of cadres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practical solution \"for the officers not to\" problem, motivate cadres and better lead the masses to an undertaking, the cadres and create the new achievement in a dareto play, good at shows as new. To identify the problem, accurate pulseof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of lawdevelop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implemntation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacyof constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newrelationship between Government and business. The \"two sessions\ear\" the word succinctly summarized the new relationship between Government and business, as pure politics, reshaping the political relationship specified in the direction. District leaders in handling political and business relations, engage in trading power for money, and finally stumbled, we a lesson, always keep in mind that \"Pro\ean\" practicing \"Pro\o open a sincere engagement with private enterprise to help solve practical difficulties; \" Clear \"is to clarify the Division of power, exercised in accordance with, private entrepreneurs with innocent purity, not abusing power for personal gain, not to engage in trading power for money. Third, in order to maintain fairness and justice. Fairness and justice is the lifeline of the rule of law, is the best development environment. Currently, lax law enforcement and the judicial sector in our region also exist to varying degrees, lawenforcement departments and individual window units power for personal gains and bribes, thick friends, relations, human cases, money cases in which seriously infringe on the legitimate rights and interests of enterprises and people. Especially some law enforcement and inspection for profit purposes, deliberately looking for corporate loopholes, found directly under the ticket does not give business improvement opportunities. We recruit a company doesn't easily, cultivating a business more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enterprise collapsed. o guarantee the legitimate rights and interests. Always proceed from the overall situation of reform and development of services, fully consider the characteristics of production and management in non-public enterprises and social benefits, an accurate grasp of legal limits, protect the enthusiasm of entrepreneurs and practitioners in innovation and entrepreneurship, enhancingexpectations and confidence. To promote strict enforcement. Strengthening law enforcement procedures, improve law enforcement performance evaluation, strengthening the supervision of law enforcement, exploration and practice of risk control mechanism of law enforcement to further standardize the social security, urban management, road traffic administrative law enforcement, effectively free, extensive law-enforcement and lax enforcement of law enforcement and other issues. o uphold justice. Justice is the last line of Defense to safeguard fairness and justice, to unequivocally support the courts and procuratorates independently exercise level ... Judicial activities were rampant, must not be allowed to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to abuse of power, to make forest mass can be felt in every judicial cases in equity and justice. Four to deepen grass-roots governance according to lawchain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find lawsolve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve thedevelopment environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the law, impunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of \"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rulechain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leadingcadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find law, solve the problem by lawin accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve the development environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the lawimpunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of\"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rule用人单位应当在何时支付解除合同的经济补偿
《劳动合同法》第50条第2款规定：劳动者应当按照双方约定，办理工作交接。用人单位依照本法有关规定应当向劳动者支付经济补偿的，在办结工作交接时支付。实践中有很多劳动者劳动合同解除或终止后往往一走了之，不履行工作交接的义务，这时候用人单位可暂不予支付经济补偿。《劳动合同法》对经济补偿的支付时间作出规定，一定程度上保障了用人单位的利益，司法实践中这种案例也不少，劳动者不履行工作交接义务，但要求用人单位支付经济补偿，按照以往的司法实践，支付经济补偿和履行工作交接是两个不同的法律关系，用人单位不能因劳动者未履行工作交接而拒绝支付经济补偿金，因此常常导致劳动仲裁机构或法院判令用人单位支付了经济补偿金，但劳动者最终也没有履行工作交接的义务。
【风险提示】《劳动合同法》第50条第2款规定：劳动者应当按照双方约定，办理工作交接。注意这里的办理工作交接是按照双方约定办理，为了避免发生纠纷时劳动者以双方未约定进行抗辩，不予办理工作交接，建议用人单位与劳动者在签订劳动合同时对劳动者离职后的工作交接事项作出约定，明确工作交接的时间、程序、要求等事项。比如可作如下约定：员工在劳动合同解除（含试用期解除）或终止后三日内，应当按照诚实信用原则办理工作交接手续，归还公司所有财产，包括但不限于：
(1) 员工负责保管、使用或在其控制范围内的所有有关公司及管理、经营的文件、档案原件及复印件；
(2) 公司的客户以及其它联系单位和个人的名单和资料；
(3) 包含公司资料和信息的软件、磁盘、硬盘、光盘、U盘等存储设备； (4) 公司为员工配备的工作工具、工作服、设备及其它办公用具等。 员工未按照本合同约定履行交接义务的，公司有权暂时不予支付员工经济补偿，员工超过三日仍拒不办理工作交接手续造成公司经济损失的，员工应当承担赔偿责任，公司有权从应付员工工资、经济补偿中予以扣除，工资、经济补偿尚不足以弥补损失的，员工仍需赔偿损失。
【法律链接】
rass-roots governance according to law is an important foundation for promoting the construction of rule of law, but also the most basic development environment. Despite my good social order in General, but there are law-abiding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the field of multi-level governance according to lawpromote the continuous improvement of the social environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and education on honesty and trustworthiness, guide the masses and consciously abide by the law, failing to find method, problem-solving method, method of gradually changing the world, he is not looking for but someone \"unspoken rules\w lawabide by the good atmosphere. To strengthen the comprehensive management of public security. Deepening peace xingan construction, stronglyagainst violence crime, mafia and serious criminal offences, to protect the legitimate rights and interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stability. To resolve social conflicts by law. To further smooth channels of reporting social conditions and public opinion, improving regulation, arbitration, as well as dispute resolution mechanisms, implement fully the petitioners ' cases \"third-party\" hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twining visit visit, disturbing social order and other malicious extortion, resolutely crack down. Five, improving cadres Vitale, provide strong protection for forest development XI General Secretary stressed that the comprehensive revitalization in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, should want to do work and able to do good, enthusiasm is paramount. Treat party cadres, it is necessary to Strict management, and warm care, enable the broad masses of cadres work hard work, this is two parallel principles. In strict accordance with the standards of good cadres selection and appointment, the real officers, dare officers, those who want to play, good as excellent cadres at all levels of leadership in the past. At present, some leading cadres work initiative is not high, beyond political, idle, lazy governance governance, not as, slow, messy and a phenomenon still exist to varying degrees, affected and restricted economic and social development. We must mobilize the enthusiasm of cadres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practical solution \"for the officers not to\" problem, motivate cadres and better lead the masses to an undertaking, the cadres and create the new achievement in a dareto play, good at shows as new. To identify the problem, accurate pulseof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constituton and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the ule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. To accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newrelationship between Government and business. The \"two sessions\ear\" the word succinctly summarized the new relationship between Government and business, as pure politics, reshaping the political relationship specified in the direction. District leaders in handling political and business relations, engage in trading power for money, and finally stumbled, we a lesson, always keep in mind that \"Pro\ean\" practicing \"Pro\o open a sincere engagement with private enterprise to help solve practical difficulties; \" Clear \"is to clarify the Division of power, exercised in accordance with, private entrepreneurs with innocent purity, not abusing power for personal gain, not to engage in trading power for money. Third, in order to maintain fairness and justice. Fairness and justice is the lifeline of the rule of law, is the best development environment. Currently, lax law enforcement and the judicial sector in our region also exist to varying degrees, lawenforcement departments and individual window units power for personal gains and bribes, thick friends, relations, human cases, money cases in which seriously infringe on the legitimate rights and interests of enterprises and people. Especially some law enforcement and inspection for profit purposes, deliberately looking for corporate loopholes, found directly under the ticket does not give business improvement opportunities. We recruit a company doesn't easily, cultivating a business more difficult, never for personal gain, systematic harassment, card, last checked to check to get the enterprise collapsed. o guarantee the legitimate rights and interests. Always proceed from the overall situation of reform and development of services, fully consider the characteristics of production and management in non-public enterprises and social benefits, an accurate grasp of legal limits, protect the enthusiasm of entrepreneurs and practitioners in innovation and entrepreneurship, enhancingexpectations and confidence. To promote strict enforcement. Strengthening law enforcement procedures, improve law enforcement performance evaluation, strengthening the supervision of law enforcement, exploration and practice of risk control mechanism of law enforcement to further standardize the social security, urban management, road traffic administrative law enforcement, effectively free, extensive law-enforcement and lax enforcement of law enforcement and other issues. o uphold justice. Justice is the last line of Defense to safeguard fairness and justice, to unequivocally support the courts and procuratorates independently exercise level ... Judicial activities were rampant, must not be allowed to run, favors, money, must not be allowed to knowingly violate the miscarriage, violations of the legitimate rights and interests of the masses must not be allowed to abuse of power, to make forest mass can be felt in every judicial cases in equity and justice. Four to deepen grass-roots governance according to lawchain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find lawsolve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve thedevelopment environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the law, impunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of \"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rulechain do long, and put scale big. To serve the development of enterprises. Duocuo simultaneously improving service efficiency, build better public services platform, enhance work efficiency, initiative to help businesses solve the project procedures, financing loans, issues such as land-use approval, reduce operating costs, business travel light and enhance the confidence to overcome all kinds of difficulties and the Foundation, real entrepreneurial passion play entrepreneurship, enhance the internal vitality and creativity. SI XING an construction, promoting the rule of law, tries to make the transformation of forest development XI General Secretary stressed, to reinvigorate Northeast China, optimized development environment is very important. Environment of rule of law most gather Moss, the most conducive to development. Improving the leading cadres ' using the method of thought and the rule of law Administration work, problem-solving, the ability to promote the development, is the key to promoting the rule of law. The law may affect the efficiency of out of the path of development will be more smooth, won development gains will be sustained, and end with greater efficiency. Leading cadres at all levels should take the lead in respect of law law, abide by, and actively foster Socialist culture, actively promoting the field of multi-level governance according to law, guide the masses and consciously abide by the law, failing to find law, solve the problem by law, in accordance with the law prevail. XXX administration by law of leading cadres do not exist on the rule of law, law enforcement, casual, and vow not to investors, the new scores and other turmoil. These important expositions on my district create good development environment with highly targeted and guidance, especially the General Secretary pointed out that the chaos in my area also exists to varying degrees, some even quite serious. Leading cadres at all levels must improve the development environment of rule of law as a fundamental task, adhere to the problem oriented, solid and solve the problems in the construction of rule of law, to rule the new effect for development environment improvements. To hold \"key minority\". Leaders of this group, although few in number, but the effect is critical. If a local leaders take the lead right according to law, in accordance with the law, the local CPPCC fresh, pragmatic and efficient development environment. Conversely, if a local leaders of ignoring the lawimpunity, not only the political environment will be destroyed, will have serious implications for the development environment. Now, some leading cadres lack of awareness on the importance of learning, that learn or not does not matter. Think efficiency is too low too much, act according to the procedure, than an executive order getting along with. In dealing with complex issues, often speak of\"settling\" and \"done\"; on the issue of handling letters and visits, like to spend money and buy stop and stable, but disregard the law administration, in accordance with the law, the rule《中华人民共和国劳动合同法》
第五十条 用人单位应当在解除或者终止劳动合同时出具解除或者终止劳动合同的证明，并在十五日内为劳动者办理档案和社会保险关系转移手续。
劳动者应当按照双方约定，办理工作交接。用人单位依照本法有关规定应当向劳动者支付经济补偿的，在办结工作交接时支付。
用人单位对已经解除或者终止的劳动合同的文本，至少保存二年备查。
rass-roots governance according to law is an important foundation for promoting the construction of rule of law, but also the most basic development environment. Despite my good social order in General, but there are law-abiding consciousness, social order is not standard, regardless of faith, Twining visit visit and other outstanding problems. We want to actively promote the field of multi-level governance according to lawpromote the continuous improvement of the social environment. o promote universal compliance. Actively foster the rule of law culture, carry out law publicity and education on honesty and trustworthiness, guide the masses and consciously abide by the law, failing to find method, problem-solving method, method of gradually changing the world, he is not looking for but someone \"unspoken rules\w lawabide byhe good atmosphere. To strengthen the comprehensive management of public security. Deepening peace xingan construction, stronglyagainst violence crime, mafia and serious criminal offences, to protect the legitimate rights and interests of citizens, legal persons, carry out criminal policy of temper justice with mercy, the maximum stimulating social vitality, and earnestly safeguard social harmony and stability. o resolve social conflicts by law. To further smooth channels of reporting social conditions and public opinion, improving regulation, arbitration, as well as dispute resolution mechanisms, implement fully the petitioners ' cases \"third-party\" hearings and supervising system of letters and calls, and to resolve the involved law lawsuit into the orbit of rule of law, vexatious, Twining visit visit, disturbing social order and other malicious extortion, resolutely crack down. Five, improving cadres Vitale, provide strong protection for forest development XI General Secretary stressed that the comprehensive revitalization in Northeast China, needs a high quality, solid style, cadres of the dare to play. Cadre cadres is a pledge, should want to do work and able to do good, enthusiasm is paramount. Treat party cadres, it is necessary to Strict management, and warm care, enable the broad masses of cadres work hard work, this is two parallel principles. In strict accordance with the standards of good cadres selection and appointment, the real officers, dare officers, those who want to play, good as excellent cadres at all levels of leadership in the past. At present, some leading cadres work initiative is not high, beyond political, idle, lazy governance governance, not as, slow, messy and a phenomenon still exist to varying degrees, affected and restricted economic and social development. We must mobilize the enthusiasm of cadres as an urgent task, adhere to combination of incentives and constraints, and adhere to the strict management and warm care, practical solution \"for the officers not to\" problem, motivate cadres and better lead the masses to an undertaking, the cadres and create the new achievement in a dareto play, good at shows as new. To identify the problem, accurate pulseof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacy of constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of lawdevelop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implemntation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a newof law to visit and contribute to make visits to the vexatious visits arrogance. On these issues, we need to have a proper understanding, should take the lead to establish a sense of fear of the law, strengthen the application of the rule of law and the rule of law work of thinking and take up responsibility for the construction of the rule of law. Put learning first. Premise is ignorant of the law, abide by the law. Leading cadres at all levels should take the lead in studying the Constitution and laws and regulations closely related to work assumed by, an accurate grasp of the basic position of our party to address the issue of the rule of law, known for the scale to do things, figure out how to use it right, what things do, what not to do, it can never \"legal literacy\". To enhance the awareness of the rule of law. Firmly establish the supremacyof constitutional law, legal equality before the, right by the law makes the right to statutory, awell as the rule of law, develop habits of rule of law, to discard the rule and cannot, must not get overridden by authority, at the right pressure. Should take the lead to abide by. Fulfil its mandate in strict accordance with statutory authority and procedures, no matter what you want to adhere to the law, thought of rule by law and the rule of law to tackle hot issues, effective statutory duty must be, without authorization, is not available. Such as construction areas, some cadres are because there is no procedure is followed by the rules, paid a heavy price, we should learn from them, in strict accordance with the law on bidding and implementation ... Promised to give preferential policies for enterprises, hesitant to cash or cash not at all. Masses feel strongly about these issues, it is necessary to be solved. o accelerate decentralization. Specification list list list of powers, responsibilities and negative, clearance, revocation does not adapt to the current situation of the development of policydocuments, especially the right to administrative examination and approval, the cancellation must be canceled, the delegation must be decentralized to achieve zero-wait, one-stop, seamless, improve administrative efficiency and service levels. In particular, the delegation of powers must be caught properly, never able to loft is no answer, no one cares, cause backfire, people work harder. To carry out the campaign. Crack down on law enforcement regulations, uncivil and not as, as undermining economic development, such as environmental problems, pay close attention to the grass-roots level weaknesses, strictly investigate and deal with the grass-roots level corruption and denial of Justice against the interests of the masses, such as corruption and corruption, ruthless people around \"flies\on of the development environment. In particular, strengthening the construction of Government credit, and trustworthy practice for companies and investors, and must not break faith with the people, promises and the promise to the society. To build a new
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