Legal analysis: It is expressly stipulated in the company's rules and regulations that employees who fail to pass the performance appraisal can be dismissed. At the same time, when setting performance appraisal indicators, the indicators that must be quantified should not be considered incompetent by people's subjective consciousness, and the relevant evidence of this disqualification should be printed in black and white and signed by employees for confirmation. In this way, employees can be dismissed under the premise of employee signature recognition, so as to ensure that enterprises have evidence to legally dismiss if there is a labor dispute.
Legal basis: Article 91 of the Labor Law of the People's Republic of China states that if an employing unit infringes upon the legitimate rights and interests of laborers in any of the following circumstances, the labor administrative department shall order it to pay wages and economic compensation to the laborers, and may also order it to pay compensation: (1) Deducting or delaying the wages of laborers without reason; (2) Refusing to pay the workers wages for extending working hours; (3) Paying workers' wages below the local minimum wage standard; (4) Failing to give economic compensation to the laborer in accordance with the provisions of this Law after the termination of the labor contract.