If I am still dismissed by the company during the probation period, should the medical examination f

Seizure of the deposit is a violation of Article 9 of the Employment Contract Law, and you can do so in accordance with Article 84.

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the employer requiring you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

My Space has the legal provisions mentioned above, which you can check out.

1. The probationary period is subject to Articles 39 and 40 of the Labor Contract Law.

In the case of items 1 and 2, the contract shall not be terminated. The company shall explain the reasons for terminating the contract during the probationary period.

2. The expenses incurred by the unit during the probation period (expansion and physical examination) shall not be required to be shared by the employee, regardless of whether the contract is terminated, 3. Whether the company's regulations are legal can be submitted to the labor department for review.

It depends on the specific reason for dismissal.

Zongheng Legal Network-Beijing Jingkai Law Firm-Lawyer Bi Huabao.

Legal analysis: Job seekers are required to participate in the physical examination after passing the interview and the company decides to hire them. Under normal circumstances, the company will first let the employee pay in advance, pass the physical examination, and then give reimbursement after a certain period of time (such as half a year or one year) after becoming a regular employee or joining the company.

If the probationary period proves to be unqualified or the job is resigned due to personal reasons during the probationary period, the applicant shall bear the expenses himself/herself.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a 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.

Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the wages agreed in the labor contract for the same position in the same position of the employer, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

If the employer refuses to return the physical examination form, the employee can apply for labor arbitration and request the employer to pay compensation for illegal dismissal and require the employer to return the physical examination form.

1. Go to the labor dispute arbitration commission in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card when filing the case; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing).

2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then ** hearing, and then mediation between the two of you, mediation fails, the arbitration committee issues an award; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court;

3. During the application for labor arbitration, the worker shall not be delayed to work in the new unit. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the worker according to the standard 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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum number of years for which economic compensation is paid shall not exceed 12 years. The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract. Article 48 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the worker requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law.

Yes! This is your personal material, and the company has no right to keep it!