Is there any compensation for dismissal during the probationary period?

If it is proved that the employer does not meet the employment requirements during the probationary period, the employer does not need to pay compensation for terminating the labor contract. If the employment contract is terminated under the circumstances specified in Article 46 of the Labor Contract Law, the employer shall pay compensation. Legal basis: Article 46 of the Labor Contract Law provides that the employer shall pay economic compensation to the employee under any of the following circumstances:

1) The worker terminates the labor contract in accordance with the provisions of 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.

The employee can claim economic compensation, and if it is proved that he does not meet the employment requirements, he or she will be dismissed.

Labor Contract Law of the People's Republic of China

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee 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.

Legal Analysis: There is no compensation for dismissal during the probationary period. The probationary period is the process of adaptation between the employer and the employee, and the employer is not required to pay severance except in accordance with Article 39 of the Labor Contract Law.

During the probationary period, if it is proved that the employment conditions are not met, the employer may terminate the labor contract.

Legal basis: Article 47 of the Labor Contract Law of the People's Republic of China The economic compensation shall be based on the number of years the worker has worked in the unit, and if it is less than six months, the employee shall be paid half a month's salary.

During the probationary period, if the employer dismisses you without any reason, the employer shall compensate you for one month's salary because your working hours are less than 6 months.

If you have any of the following circumstances during the probationary period, the employer may terminate the labor contract without paying economic compensation and compensation: it is proved that you do not meet the employment conditions during the probationary period; Serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer.

According to the Labor Law of the People's Republic of China, the probationary period is a stage when the employer and the employee examine each other and decide whether to continue working. During the probationary period, the employer may terminate the employment contract at any time and without giving any reason in accordance with the probationary period agreement. Therefore, if you are dismissed during the probationary period, you will generally not be entitled to financial compensation and compensation.

This should also be clearly stated in the probationary period agreement. However, if the employer dismisses the employee during the probationary period in violation of relevant laws and regulations, the contract or the company's system, labor disputes and disputes may arise. Therefore, when signing employment contracts and probationary period agreements, it is necessary to pay attention to details and clarity of provisions to avoid unnecessary disputes.

If the employee is dismissed after the probationary period and is dismissed in violation of the law, the employer shall agree to pay compensation at twice the standard of economic compensation; In the case of non-fault dismissal, economic compensation shall be paid to the employee according to the number of years of service of the employee in the unit and the standard of one month's salary for each full year; If the dismissal is faulty, the employer does not need to compensate for the dismissal.

1. Do I have to pay compensation for dismissal without signing a labor contract?

If an employee is dismissed without signing a labor contract, the employer shall pay economic compensation to the employee if it falls under one of the circumstances provided for in Article 46 of the Labor Contract Law. If it is an illegal dismissal, the employing unit shall pay compensation at twice the standard of economic compensation; If it is Qi Zhaoying's negligent dismissal, the employer does not need to compensate. In addition, if the period of non-signing of the contract exceeds one month, the employee may request the employer to pay him twice the monthly salary for a maximum of 11 months.

2. How to compensate for being dismissed by the unit for a permanent contract?

If an employee who has signed an indefinite labor contract with the employer is dismissed by the employer without fault, the employer shall compensate the employee one month's salary for each full year of service for the employee; If the employer illegally dismisses the employee, the employer shall pay compensation to the employee at twice the standard of economic compensation; If the employee is dismissed for negligence, the employer does not need to compensate.

3. During the epidemic period, the company's dismissed employees guessed how to compensate for late work.

If the company dismisses an employee illegally during the epidemic period, the company will pay compensation to the employee at twice the economic compensation standard; If it is a negligent dismissal, the company does not need to compensate. Severance shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year. Monthly wage refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the employment contract.

Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of 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.

Whether an employer needs to pay severance or wages in lieu of notice when terminating a labor contract shall distinguish the reasons for terminating the labor contract.

1. If the labor contract is terminated due to the employee's non-compliance with the employment conditions or other personal reasons of the employee, such as: the employee violates discipline, causes significant losses due to brother Sankuan, is investigated for criminal liability in accordance with the law, and other circumstances that meet the requirements of Article 39 of the Labor Contract Law, the employer of the excavation section can also terminate the labor contract at any time without paying any economic compensation or payment in lieu of notice;

2. If the employee terminates the labor contract due to reasons attributable to the employer during the probationary period, the employer shall pay half a month's salary as economic compensation.

Legal basis] According to Article 39 of the Labor Contract Law, the employer may terminate the labor contract if the employee 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;

If a person is dismissed during the probationary period, he shall pay severance except in the following cases:

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

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

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

Legal basis] Article 26 of the Labor Law, the employer may terminate the labor contract under any of the following circumstances, but shall notify the employee in writing 30 days in advance:

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

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

3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the original labor contract, and the parties cannot reach an agreement on changing the labor contract through consultation.

The labor contract is terminated during the probationary period without severance payment.

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;

Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of 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;

The company cannot dismiss an employee during the probationary period at will, and can only terminate the labor contract with the employee unless the relevant circumstances are met and the situation needs to be explained to the employee. Article 19 of China's "Labor Contract Law" stipulates that if the contract period is more than three months but less than one year, the probation 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; The probationary period shall not exceed six months for fixed-term labor contracts of more than three years and labor contracts without fixed term.

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. 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.

It can be seen that the law has clear and strict provisions on the probationary period. Any terms and conditions that are contrary to or in conflict with the law shall be null and void.

1. Legal basis.

Article 39 of the Labor Contract Law stipulates that an employer may terminate an employment contract only if an employee falls under any of the following circumstances:

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

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, 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 use of fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to its true intentions;

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

7. The worker is sick or injured not due to work, and cannot engage in the original job or work arranged by the employer after the prescribed medical treatment period expires;

8. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

In addition, even if the employee falls under one of the above circumstances, if the employer needs to terminate the labor contract with the employee during the probationary period, it shall explain the reasons to the employee.

Therefore, when an employer dismisses an employee during the probationary period, it needs to prove that the employee does not meet the employment conditions, which requires the employer to first clarify to the employee what the employment conditions are when recruiting employees, and then clearly state the assessment basis and assessment methods, and implement specific assessment behaviors, rather than leaving the employer to explain whether the employee meets the employment conditions during the probationary period. In order to meet this requirement, employers must standardize their own employment behavior and improve their own rules and regulations, otherwise, they will face great employment risks.

Article 47 of the Labor Contract Law stipulates that the economic compensation shall be based on the number of years the employee has worked in the employer, and if it is less than six months, the employee shall be paid half a month's salary.

Article 87 of the Labor Contract Law stipulates that if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

If an employee is dismissed during the probationary period because he or she does not meet the employment requirements, there is no compensation.

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that Bi Hanming does 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.

Employees can be dismissed without compensation if they meet the above forms.