How to make it clear that the probationary period does not meet the employment requirements ?

If the employee is proved to be ineligible for employment during the probationary period, the employer may terminate the employment contract in accordance with the law without paying severance payments.

Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Workers who fail to pass the probationary examination include not having the employment conditions and standards at all, and some of them do not have the employment conditions and standards. In either case, the employer must provide legal and valid proof, otherwise it will not be able to terminate the employment relationship with the employee due to the inability to provide evidence. As for how to prove that the employee does not meet the employment requirements during the probationary period, the employer should pay attention to the following points:

1. Clarify the employment conditions and standards in the recruitment brochure and recruitment information released. When the employer publishes the recruitment information on the advertisement, in addition to indicating some basic requirements for the position (such as age, occupation and technology, education, etc.), it should also give a detailed description of the specific employment conditions and job responsibilities of the position to be hired, and clearly inform the employee in writing again when entering into an employment contract.

2. Conduct certain background checks on workers. Check whether the employee has provided false personal information, violated the principle of good faith, and concealed important information that should be notified to the employer, and if it is proved that the employee has committed such improper behavior, the employer may consider the employee to be ineligible for employment.

3. Establish a performance evaluation system during the probation period, and clarify the assessment standards, assessment methods and assessment methods. The employer shall inform the employee in advance of the assessment content, scoring principles and objective basis for determining whether the employee is finally hired, and ask the employee to sign and approve it.

Hello! This clarity needs to be clarified by the employer:

The employer must have clear employment conditions when rehiring, and if it does not, it will bear the adverse consequences, that is, the consequences of illegally terminating the labor contract.

Therefore, the probationary period does not meet the employment requirements, and the employer bears the burden of proof.

If you have any questions, please ask, satisfied, thank you.

The employer and the employee enter into a written labor contract and agree on different probationary periods according to the length of the labor contract, mainly to check whether the hired employee meets the requirements and standards put forward by the employer. During the probationary period, if the employee meets the employment conditions and standards of the employer, the two parties will continue to perform the labor contract they have concluded; If the employee is proved to be ineligible for the employment conditions and standards proposed by the employer, or is not qualified for the work or position agreed in the employment contract, the employer may terminate the employment contract with the employee in accordance with the provisions of Paragraph 1 of Article 39 of the Labor Contract Law.

1. What is the probationary period?

The probationary period refers to the period during which the employer assesses whether the employee is qualified and whether the employee meets his or her own requirements, which is a two-way choice between the two parties.

2. Six types of illegal probationary periods.

According to the Labor Contract Law, the same employer and the same employee can only agree on a probationary period once. However, in real life, a small number of employers will not legally agree on the probationary period.

The probationary period shall not be agreed upon again in any of the following six circumstances:

First, the labor contract is renewed upon expiration;

Second, the worker is injured due to illness or non-work-related injury, and is engaged in other work arranged by the employer after the expiration of the medical treatment period;

(3) the employee's job position is changed during the performance of the labor contract;

Fourth, the employer recruits the same worker and the probationary period agreed upon by both parties at the time of the last employment has been actually fulfilled or partially performed;

Fifth, the employer has entered into a labor contract with the demobilized military cadres who are employed for the first time, the demobilized servicemen who have been placed under mandatory resettlement, and the family members of the demobilized military cadres who have been transferred with them;

Sixth, other circumstances specified in laws and regulations.

If the term of the labor contract is more than three months, a probationary period may be stipulated. In other words, a fixed-term employment contract can stipulate that the minimum starting point for the probationary period is three months.

If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

It should be noted that the length of the employment contract is not the only reference for agreeing on the probationary period.

With the development of society, people are concerned about more and more extensive issues, among which the probationary period does not meet the employment conditions which are also the issues that people focus on, in order to help you solve this problem, I have sorted out this knowledge, I hope to help you.

The probationary period does not meet the employment requirements

1. The employer does not meet the conditions for recruiting workers;

2. Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements; )

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

3. Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

I believe that you have read the above collation of the relevant content about the probationary period does not meet the employment conditions, and have a more comprehensive understanding of this issue, if you still have any questions, you can also bring relevant information and documents to the relevant institutions and departments for further consultation and understanding.

Reminder: The Civil Code will come into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Provisions of the Civil Law will be repealed at the same time.

Recently, many people are more interested in what conditions need to be met for employment during the probation period, but in fact, most people don't know much about what conditions need to be met for employment during the probation period.

The probationary period does not meet the employment requirements

1. Do not meet the conditions for employers to recruit workers;

2. Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements; )

2) Seriously violating the rules and regulations of the employing unit;

3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

3. Article 40 In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment;

1. Serious deception and dishonesty;

2. Have serious violations of the law (such as stealing);

3. There is a more obvious tendency to violence to erect Li Zheng (many fights and troubles);

4. Serious infectious diseases, affecting public safety;

5. Poor physical health and poor staring posture, unable to support normal work;

6. Do not have the necessary legal qualifications for the post (such as the employment certificate);

7. Those who fail to pass the pre-job training assessment (there should be objective evidence);

8. Other legal, reasonable and clear employment conditions agreed by both parties.

Finally, it should be noted that, according to the Labor Contract Law, only during the probationary period can the employer claim that it "does not meet the employment requirements". After the expiration of the probationary period, the employer can no longer request to terminate the employment contract on this ground.