根据劳动法倾斜保护劳动者的立法基理与司法实践,用人单位在对违纪员工进行处罚、辞退过程中,往往需要承担更多的程序与实体义务。一旦用人单位对法律或者司法实践掌握不足,则有可能出现员工确有违纪行为,而处罚程序或实体依据存在瑕疵,最终被审判机关认定为违法解除劳动合同的情形。本文以法律为依据,着眼于劳动法律实务经验,就用人单位辞退违纪员工需要注意的程序及实体问题作深入探讨,并提出可资借鉴的有利做法。 According to the legislative law and judicial practice of protecting the laborers according to the labor law, employers often have to bear more procedural and substantive obligations when punishing and dismissing violators. Once the employer has inadequate knowledge of the law or judicial practice, there may be employees who violate the disciplines, and the punishment procedures or entity based on the existence of flaws, and ultimately the trial authorities identified as the case of illegal termination of labor contracts. This article, based on the law, focuses on practical experience in labor law and discusses in depth the procedural and substantive issues that employers need to pay attention to in dismissing employees who violate laws and regulations and proposes favorable practices that can be used for reference.