He was dismissed for not signing a contract during the probationary period

Updated on society 2024-02-08
7 answers
  1. Anonymous users2024-02-05

    The probationary period proved to be ineligible for employment. The company can be dissolved.

    However, this condition is not up to the company to decide.

    My advice to you is to talk to the leader, and if you don't continue to hire you, you must be deficient in some aspects, and you should find your own strengths and weaknesses in the conversation with the leader.

    Every job seeker will go through some of the experience of being fired, and if you use it well, it will be an asset.

    Don't get into trouble with the leader, even if you leave, you are still friends, not necessarily friends in life and death.

    But when you encounter it in the future, you can help when you have something to help.

    That's the best ending.

    In addition, when leaving, ask the leader to open a letter of introduction, don't underestimate this letter of introduction.

    Of course, if you think that there is no evidence to prove that you do not meet the employment requirements, you can apply for reinstatement of employment and sign a contract.

    But the compensation is definitely not, and a month's salary will be paid to you in full.

  2. Anonymous users2024-02-04

    No... The company can fire you at any time during the term, but you will have to pay your salary. You can't sue.

  3. Anonymous users2024-02-03

    See if there are any clear regulations in the company that during the probationary period, which ones are considered incompetent for the job, etc.? If the company does not explicitly stipulate the probationary period, can the company dismiss you on the grounds of incompetence? You can sue the company for breach of contract and sue the company for liquidated damages.

  4. Anonymous users2024-02-02

    Please pay attention to the company's rules and regulations, and whether there are specific probationary assessment standards. Under normal circumstances, it is difficult for employees who are fired during the probationary period to win, because it is a very subjective judgment to meet the company's employment conditions.

    You can also try the method of surviving the probationary period on the grounds that the company did not give you a notice of termination in accordance with the procedure. Does your company clock in? You have to pay attention to clocking in on time and making evidence of work. But magnetic cards are flawed in terms of evidence, and companies can tamper with the records.

  5. Anonymous users2024-02-01

    Summary. Hello, legal analysis: dismissed without signing a contract during the probationary period:

    You can apply for labor arbitration, and if you are dismissed without signing a contract during the probation period, you can apply for labor arbitration and require the employer to pay compensation for illegal dismissal and double wages for not signing the contract. According to the law, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer dissolves or terminates a labor contract in violation of the law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation.

    Hello, legal analysis: dismissal without signing a contract during the probation period: you can apply for labor arbitration, and if you are dismissed without signing a contract during the probation period, you can apply for labor arbitration, and require the employer to pay compensation for illegal dismissal and double wages for not signing a contract.

    According to the law, if the employer fails to conclude a written labor contract with the employee for less than one month from the date of employment, it shall pay the employee twice the monthly wage. If an employer dissolves or terminates a labor contract in violation of the law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation.

    Legal basis: Article 39 and Article 82 of the Labor Contract Law of the People's Republic of China (1) If the labor contract is not signed for more than 30 days after the establishment of the labor relationship, the employee may claim to pay double wages; (2) If the employee is dismissed under any of the following circumstances, the employee may claim severance payment: (1) it is proved that he does not meet the employment conditions during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the employer; (4) The worker establishes a labor relationship with other employers at the same time, causing serious repercussions to the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of the Labor Contract Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

    The probationary period is one month, there is no labor contract, and there is no clear evidence that the employment conditions are not met when he is dismissed, but the company is willing to settle the salary on a daily basis, can there be other compensation in addition? Sun Pai Pai.

    Hello, workers should be paid twice their monthly wages.

    But if it is not a full month, can I ask for double salary on a daily basis?

    That's right. He was dismissed within one month of the probationary period, and he was dismissed within one month of the probationary period agreed in advance.

    If the other party can give corresponding evidence that it does not meet the employment requirements, will it not be able to obtain compensation?

    Yes, if the employee does not meet the employer's admission requirements during the probationary period, the employee may be dismissed without paying him or her economic compensation, but the employee must be paid off in accordance with the law.

  6. Anonymous users2024-01-31

    If a person is dismissed without signing a labor contract during the probationary period, if he or she does not sign a labor contract for more than 30 days after establishing an employment relationship with the employer, he or she may claim to be paid double wages; In the case of dismissal other than in the circumstances prescribed by law, the employee may claim severance payment.

    OneWhat should I do if I am dismissed if I do not sign a labor contract during the probation period?

    If the employee fails to sign a labor contract during the probationary period and is dismissed by the employer, the employee may be dealt with in the following circumstances:

    1.If the labor contract is not signed for more than 30 days after the establishment of the labor relationship, the employee can claim to be paid double wages;

    2.If the dismissal does not fall under the following circumstances, the employee may claim severance payment:

    1) It is proved that they do not meet the employment conditions during the probationary period;

    2) Serious violation of the rules and regulations of the employer;

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

    4) The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

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

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

    IIHow to compensate for double wages if you don't sign a labor contract during the probation period

    The compensation for double wages for not signing a labor contract during the probationary period is that if the employer does not sign a labor contract with the employee for more than one month, it shall pay the employee twice the monthly salary from the second month to one year. Remind you that, according to the laws of the People's Republic of China, if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    IIIDo you get paid during the probationary period without signing a labor contract?

    There is no labor and key contract, and there is a salary during the probationary period. The probationary period is to stipulate a period of probationary time within the term of the employment contract. Through the probation period, on the one hand, the enterprise can further examine whether the hired workers really meet the recruitment conditions and whether they can meet the needs of production and work.

    If it is found that the employment conditions are not met during the probationary period, the enterprise may terminate the labor contract; On the other hand, the employee should also inspect the employer's situation, and if it is found that the actual situation is inconsistent with the situation introduced by the other party, or if it cannot adapt to the situation of the other party, the employee may propose to terminate the labor contract during the probationary period.

  7. Anonymous users2024-01-30

    1. If there is no written labor contract, there is no so-called probationary period. 2. According to the provisions of the Labor Contract Law, if the employer does not sign a written labor contract with the employee, a de facto labor relationship shall be established between the two parties, and the employer shall pay the employee double wages for up to 11 months from the second month. In addition, if the employer terminates the labor relationship on the grounds that the probationary period is unqualified without signing a written labor contract, it is an illegal termination of the labor relationship, and compensation shall be paid to the employee.

    Article 10 of the Labor Contract Law A written labor contract shall be concluded to establish a labor relationship. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If an employer concludes a labor contract with a labor-related employee before employing the employee, the labor relationship shall be established from the date of employment.

    Article 19 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 labor contracts of more than three years and indefinite-term labor contracts, the probationary period shall not exceed six months. The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

    The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract. Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

    If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

    Article 46 of the Labor Contract Law of the People's Republic of China An employer shall pay economic compensation to an employee under any of the following circumstances: (1) The worker terminates the labor contract in accordance with Article 38 of this Law; (2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law; (4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; (7) Other circumstances provided for by laws and administrative regulations.

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