Can a sick employee be dismissed during the probationary period?

If you do not meet the employment requirements of the employer, you can terminate the contract during the probationary period even if you are sick.

Article 39 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.

Case: A company hired Chen as a technician with a probationary period of 6 months. A few days after Chen went to work, he suffered from a severe cold, and after being diagnosed, Chen was diagnosed with pneumonia and was not allowed to be hospitalized**.

After the company paid several thousand yuan in advance for Chen's hospitalization, it terminated the labor contract with Chen during the probationary period on the grounds that Chen was unhealthy and did not meet the employment conditions.

Point 1: It can be lifted. When Chen filled in his personal information when he joined the company, he clearly stated that his physical condition was healthy, but during the probationary period, he had a severe cold and was hospitalized**, which obviously did not meet the employment conditions, and the company should be allowed to terminate the labor contract.

Point 2: It cannot be lifted. Chen was in good health at the time of entry and met the employment conditions; Moreover, Chen is still within the statutory medical treatment period, so he is not allowed to terminate the labor contract.

Comment: I believe that in this case, the company cannot terminate the labor contract of Chen, who is enjoying medical treatment, during the probationary period on the grounds that Chen's illness does not meet the employment conditions.

1. If Chen suffers from a disease that is not suitable for the job at the time of entry, the company can terminate the labor contract on the grounds that he does not meet the employment conditions during the probation period. During the statutory medical treatment period, the company may terminate the labor contract of the faulty employee in accordance with the provisions of Article 25 of the Labor Law.

2. In this case, Chen's illness occurred after he joined the company, which was beyond his knowledge and control, and could not be determined to be inconsistent with the employment conditions and allowed the company to terminate the labor contract.

3. The company's correct approach is to give the corresponding medical period according to Chen's actual working years and working years in the unit, and continue the probation after the medical treatment period expires, and decide whether to meet the employment conditions according to the probationary situation.

No. Employees who are sick during the probationary period cannot be dismissed. For sick employees on the job, the employer shall give them a medical treatment period ranging from 3 to 24 months according to the number of years of work and employment, and the employer may unilaterally dismiss the employee 30 days in advance or pay in lieu of notice after the expiration of the medical treatment period, but shall pay severance compensation.

Legal Analysis: An employer may not dismiss an employee who is sick during the probationary period, and the statutory circumstances for terminating the labor contract during the probationary period are not met as stipulated in the Labor Law.

Legal basis: Labor Law of the People's Republic of China Article 25 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 the employee does not meet the requirements for employment; (2) Serious violation of labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, returning to the shantytown for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law.

The company cannot dismiss an employee who is sick during the probationary period.

[Legal basis].Article 29 of the Labor Law The employer shall not terminate the labor contract in accordance with the provisions of Articles 26 and 27 of this Law if the employee is accompanied by one of the following circumstances:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Sick or injured within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other situations where laws or administrative regulations provide for stupidity.

The company cannot dismiss an employee who is sick during the probationary period, except for any of the following circumstances: the employee is investigated for criminal responsibility in accordance with the law; At the same time, the establishment of labor relations with other employers, 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; Serious violation of the rules and regulations of the employer; Other.

Will there be compensation for dismissal during the probationary period?

There is compensation for dismissal during the probationary period, but it must be illegally dismissed by the employer. If the employee is dismissed for not meeting the requirements of the probationary period, there is no compensation. According to the Labor Contract Law, economic compensation shall be paid to the employee at the rate of one month's salary for each full year of service in the employer.

where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Can an employee be dismissed during the probationary period of the company?

The company can dismiss the employee during the probation period, but the company needs to have the relevant certification materials that the company assesses that the employee does not meet the employment conditions. The employer shall make the termination of the employment relationship public, and serve the notice of resignation to the employee in writing, notifying the employee to come to the file source to handle the handover work and resignation procedures.

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;

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) Stupid matches who have been pursued for criminal responsibility in accordance with law.

[Legal basis].Article 39 of the Labor Contract Law of the People's Republic of China (2012 Revision) [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.

The probationary period is also part of the term of the employment contract, so if an employee falls ill during the probationary period, he or she shall be entitled to a three-month medical treatment period according to the law. Within this time limit, the employer shall not unilaterally terminate the labor contract of Liang Hao.

If the labor contract is terminated in violation of the law, the employee may protect his or her legitimate rights and interests in accordance with the provisions of Article 48 of the Labor Contract Law.

1. Do I have to sign a contract during the probation period?

During the probationary period, an employment contract must be signed.

Article 19 of the Labor Contract Law stipulates that 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.

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.

2. What is the compensation standard for dismissal due to illness?

If a worker is sick or injured not due to work-related injuries and is unable to perform his or her original job or work arranged by the employer after the prescribed medical treatment period has expired, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary. Belong. In the above circumstances, the employer shall pay economic compensation to the employee.

If an employee is sick or injured not due to work-related injuries within the prescribed medical treatment period, the employer shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, otherwise it shall pay double compensation if it is suspected of illegal termination.

3. Do I have to compensate the unit for resignation during the probationary period?

If the employer is injured by illegal resignation during the probationary period, it shall be liable for compensation. How to leave the employee: Terminate the labor contract by consensus with the employer; Notify the employer in writing 30 days in advance, and notify the employer 3 days in advance of the termination during the probationary period; The employer has the circumstance of Article 38 of the Labor Contract Law, and the employee unilaterally terminates the employee; Other.

According to the provisions of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees, if an employee falls ill during the probationary period, he or she is entitled to a three-month medical treatment period in accordance with the law.

Article 29 of the Labor Law stipulates that an employer shall not terminate a labor contract in accordance with Articles 26 and 27 of this Law if an employee falls under any of the following circumstances:

1. Suffering from an occupational disease or being injured at work and being confirmed to have lost or partially lost the ability to work;

2) Illness or injury, within the prescribed period of medical treatment;

3) Female employees are pregnant, giving birth, or breastfeeding;

4) Other circumstances provided for by laws, administrative regulations, and regulations.

The company cannot dismiss an employee who is sick during the probationary period, except for any of the following circumstances: the employee is investigated for criminal responsibility in accordance with the law; At the same time, the establishment of labor relations with other employers, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer; Serious violation of the employer's rules and regulations; Other.

1. Employees may unilaterally dismiss employees.

Employees can be dismissed under 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;

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

2. What are the legal reasons for the dismissal of employees by applicable units?

The statutory reasons for dismissal of an employee are as follows:

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;

6. Being pursued for criminal responsibility in accordance with law.

3. Can the company terminate the employee's labor contract?

The company may not terminate the labor contract of an employee without authorization, but the company may unilaterally terminate the labor contract if the employee has any of the following circumstances: at the same time establishing labor relations with other employers, 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; Serious violation of the rules and regulations of the employer; Serious dereliction of duty or malpractice, causing major damage to the employer; Other.

Article 39 of the Labor Contract Law of the People's Republic of China provides that an employer may terminate a labor contract if an employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements 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 damage to the employer; (4) The employee establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, 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.