Is there any compensation for dismissal during the probationary period?

There are three types of situations in which the employer dismisses or terminates the labor contract: 1. If the employee falls under Article 39 of the Labor Contract Law, the employer is not required to notify the employee 30 days in advance and is not required 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 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. 3. If the employer violates 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.

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.

In the case of dismissal during the probationary period, there is generally no compensation.

When we apply for a job, if we are successful in applying for work, we will generally adapt to the work according to the probationary period given by the company. The term of use of each company is different, and if we are dismissed by the company during the probationary period, there is generally no compensation. <>

1. There is no compensation for dismissal during the probationary period.

If a person is employed during the probationary period, the situation is dismissed by the company. Generally, no compensation will be made. Because working during the probation period itself is a test for the company's staff, only by successfully passing the probationary period can you make yourself a regular during the work.

And after becoming a regular employee, you can enjoy the treatment and salary of regular employees in the company. Therefore, during the probationary period, if you are dismissed by the company, there is no compensation. <>

2. What is the probationary period?

The probationary period refers to the fact that when we first start working in a company, the company will generally give ourselves a probationary period according to its own rules and regulations. Under normal circumstances, it is a month or three months, during which if you can be qualified for your job and pass some of the company's assessments, you can bid farewell to the probationary period and become a regular employee, and let yourself have the benefits of knowledge employees. <>

3. The probationary period is generally not subject to dismissal.

When we work for a company and we work during the probationary period, we generally do not get fired from the company. Because everyone will choose to work harder during the company's probationary period, and there will be no big mistakes in the process of work, the company generally will not fire employees during the probationary period. Unless the employee is incompetent for the position during the probationary period, and the position has brought certain economic losses to the company, in these cases, Lu Peineng will be dismissed by the company.

There is compensation. If it is not suitable during the trial period. Therefore, the labor contract can be terminated.

However, some financial compensation will be paid. If the employer is not able to prove that you are not up to the job. And also after the termination of the contract.

Megaliters should be paid at a double rate.

There is also compensation, and during the probationary period, it is also necessary to sign a labor contract with the employer, and the company needs to compensate if you are dismissed during the probationary period.

Compensation is required because the company does not have the right to fire the intern if no mistakes were made during the probationary period.

Legal Analysis: There is no compensation for dismissal during the probationary period. The probationary period refers to the process of adaptation between the employer and the employee, and the employer is not required to pay severance except in accordance with the circumstances stipulated in 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: "Law of the People's Republic of China on Labor Qixin Contract" Article 47 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 worker shall be paid half a month's salary for the economic compensation.

Legal analysis: If the dismissal during the probation period meets the circumstances stipulated in Article 46 of the Labor Contract Law and shall be compensated, there is also compensation.

Legal basis: Labor Contract Law of the People's Republic of China Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee 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 agrees to renew the labor contract without recklessness, 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.

According to the relevant labor laws and regulations, during the probationary period, if it is proved that the employer does not meet the employment conditions, the employer may terminate the labor contract. However, the exercise of this right is conditional, that is, the employer is required to prove that the employee does not meet the employment requirements, and the burden of proof for this part lies with the employer. For example:

The unit found that the academic certificates provided by the employees were forged and the identity certificates provided were false. If the employee is merely considered incapacitated and there is no other evidence, the dismissal of the employee is subject to severance payments. If this is allowed as a condition for the dismissal of an employee to be promoted to a new worker, it may lead the unit to maliciously circumvent the law and find all kinds of excuses to dismiss the employee at will.

There is a big difference between the Labor Contract Law of the People's Republic of China and the previous labor regulations. Article 47 of the Labor Contract Law of the People's Republic of China stipulates that "severance shall be paid to the employee according to the number of years of service in the employer and the standard of one month's salary for each full year."

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. ”

1. Conditions for dismissal of employees during the probationary period.

During the probationary period, can the employer dismiss the employee at any time without cause? No. According to the relevant provisions of the Labor Contract Law, during the probationary period, the employer may dismiss the employee only if the employee has one of the following statutory circumstances:

1) The worker is proved to be ineligible for employment during the probationary period;

2) The worker seriously violates the rules and regulations of the employer;

3) The employee is seriously derelict in his duties, engages in malpractice for personal gain, and causes 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 employee uses fraud, coercion or taking advantage of the danger of being obstructed by others to cause the employer to conclude the labor contract contrary to his true intentions;

6) The worker is investigated for criminal responsibility in accordance with the law;

7) The worker is sick or injured not due to work, and cannot perform the original job after the prescribed medical treatment period expires, nor can he engage in the work arranged by the employer;

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

Except for the above-mentioned circumstances, the employer shall not terminate the employment contract during the probationary period. Summary: Friends who are still in the probation period should pay attention, not that the employer can terminate the contract with you casually during the probation period, only if one of the above conditions is met.

One. If you are dismissed during the probationary period, you will still be paid.

Although he was dismissed during the probationary period, his or her previous working hours were still valid, so the employer should pay the wages for the probationary period. When you enter a new unit, there is usually a probationary period, and through this period of inspection, are you suitable for the job? Is it possible to successfully become a regular during the probationary period?

The biggest difference between the probationary period and the regular worker is the salary, generally the salary is relatively low during the probationary period, the employee should perform well during the probationary period through their own efforts, and strive for the success of the regularization, but if they can't pass the probationary period, they can also receive the salary of their previous work, because they are not free to work for the unit, why can't they get the last penny?

Two. The employer shall pay the salary according to the pre-negotiated salary.

Before joining the company, the employer negotiated a new posture of 3,000 yuan a month, so the employer must pay Xiaoxu's salary according to its previous commitment. It can be converted according to the total amount of money per month, and then the number of days worked can be calculated, and it is not allowed to deliberately deduct or even not pay wages because of dismissal. Because Xiao Xu doesn't mean that he was fired after working for three or five days, he has worked for so long, and he can't get the last penny, which is unacceptable to anyone.

Three. The employer is also required to pay a certain amount of compensation.

From a new employee to a regular employee, you must go through the grassroots training, although this period of time is hard, it is also the stage where you master the essentials of the new job. During the probationary period, if it is not due to personal fault, the employer cannot dismiss the employee without cause, and the dismissal of the employee must have appropriate reasons and reasons. If the employee is dismissed due to a problem with the employer, the employer should compensate the employee for the loss of time and psychological comfort.

You can choose the first.

1. Keep working.

or request the arbitration commission to confirm that it has illegally terminated the contract and pay double the compensation.

1) If the employee signs a personal resignation letter, it means that the employee has voluntarily terminated the contract during the probationary period: in this case, the company only needs to pay the employee the salary for the actual working hours, but does not need to give the employee economic compensation.

2) If the employee does not sign: If the company terminates the contract during the probationary period, it must produce evidence to prove that the employee "does not meet the employment conditions".

1) If the company has such evidence: the company has terminated the labor contract with you in accordance with the law, and it has to pay the employee the wages for the actual working hours, but does not have to pay the employee economic compensation;

2) If the company cannot provide evidence to prove that the employee "does not meet the employment conditions": it means that the company has terminated the contract illegally, and in this case, if the employee requests to continue to perform the contract, the company shall perform; If the employee does not request to continue to perform the contract, the company shall pay the employee 2 times the severance as compensation, i.e.:

If the worker has worked for less than three months, the worker shall be paid one month's compensation in addition to the actual wages due to him/her.

Question: The probationary period has not passed, and it is closed due to company reasons, can I ask for n+1.

Question: If we don't clock in at work, we work more than 12 hours, how can we come back beyond the time stipulated by the state? Now our immediate leaders agree with our time, but the company doesn't.

Labor Law of the People's Republic of China Article 44 In any of the following circumstances, the employer shall pay wages and remunerations higher than the wages of the workers for normal working hours according to the following standards: (1) If the workers are arranged to work longer hours, they shall be paid wages and remunerations of not less than 150% of the wages; (2) Where a worker is assigned to work on a rest day and cannot be arranged for compensatory leave, a wage remuneration of not less than 200 percent of the wage shall be paid; (3) Where a worker is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.

We don't have a record of clocking in and out.

Question: Can email confirmation of our immediate leaders be used as evidence for our working hours?

Question: During the probationary period, if the personnel informed the company three days in advance that it was going to close, could it still advocate N+1