Can an employee resign at will during the probationary period???

Resignation during the probationary period shall be notified three days in advance, Article 37 of the new regulations (excerpt) The employee may terminate the labor contract if he notifies the employer three days in advance during the probationary period.

Judge Huang Cai of the First Intermediate People's Court of the city of the city said: "This change is to take into account the interests of the company and the interests of employees. He introduced

Article 32 of the Labor Law, which came into force before, stipulates that "during the probationary period, the employee may terminate the labor contract at any time by notifying the employer." "In real life, during the probationary period, the employee's behavior of picking on his son at any time has brought some adverse effects on the normal work order of the employer.

Authoritative interpretation Judge Huang Caixiang said that the reason for this change is mainly due to consideration: First, in real life, the company's resignation of probationary employees also requires a work handover. Second, the resignation is not caused by the employer's fault, and the employer should be given appropriate time to arrange for someone else to take over the resignation employee's work, which is basically consistent with the purpose of the provision that the employee can resign only after giving 30 days' notice.

Huang Caixiang believes that when applying this article to resign, employees should pay attention to two issues: first, it is necessary to determine whether it is within the probationary period, and if the probationary period agreed by both parties is invalid due to violation of the provisions, such as an excessively long probationary period, multiple probationary periods, etc. In these cases, the "probationary period" determined by both parties does not actually belong to the probationary period stipulated in this article, and the resignation should still be notified to the employer 30 days in advance. Second, when issuing a notice of termination of the labor contract to the employer, the relevant evidence shall be kept as far as possible.

Can I quit my job at any time during the probationary period?

These employees during the probationary period in public institutions cannot resign at any time, and the relationship between employees in the establishment of regular public institutions and public institutions is also subject to the Civil Servants Law;

The probationary period of civil servants is generally one year, and if they do not greet the employer and leave directly during the probationary period, the impact on the individual is still relatively large.

1. Is there any compensation for being fired from the company during the probationary period?

Whether an employer needs to pay economic compensation when an employee is dismissed during the probationary period can be divided into two situations:

1. If the employer violates the relevant provisions of the Labor Contract Law and terminates the labor relationship with the employee during the probationary period, it shall compensate the employee according to the standard of economic compensation;

2. If an employee falls under any of the following circumstances, the employer may terminate the labor relationship with the employee without paying economic compensation;

During the probationary period, the employee is proved to be ineligible for employment;

During the probationary period, the employee violates the rules and attendance system of the employer;

During the probationary period, there is serious dereliction of duty, favoritism, and causing major losses to the company;

The employee establishes labor relations with other companies at the same time, causing serious delays or impacts on the completion of the company's work, or refuses to make corrections after being reminded and communicated by the employer.

2. Precautions for terminating labor contracts during the probationary period.

1. Whether you have signed a labor contract with yourself. If it is only verbally said that there is a probationary period, but in fact there is no noisy labor contract, the probationary period is not established. Without the premise of a probationary period, the employer cannot invoke the clause of terminating the employment contract during the probationary period to terminate the employee.

In the absence of an employment contract, the relationship between the employer and the employee is a de facto employment relationship, so the employment relationship can only be terminated in accordance with the provisions of the de facto employment relationship, that is, the employer must notify the employee in writing one month in advance.

2. Whether the employer has evidence to prove that the employee does not meet the employment requirements. If there is no evidence or the evidence is insufficient, the employer cannot use this as a reason to dismiss the employee. The so-called sufficiency of evidence mainly depends on two aspects in practice:

First, whether the employer has described the job functions and requirements of a certain position; The second is whether the employer has an objective record and evaluation of the employee's performance during the probationary period.

3. When does the employer make the decision to terminate the labor contract? The Ministry of Labor's Reply to the Request for Instructions on How to Determine the Labor Contract Can Be Terminated if the Employment Conditions Are Not Met during the Probation Period clearly points out that the enterprise may terminate the labor contract for employees who do not meet the employment conditions during the probationary period; If the probationary period is exceeded, the enterprise cannot terminate the employment contract on the grounds that it does not meet the employment conditions during the probationary period.

Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Legal analysis: You can apply for resignation three days in advance, and you can leave the company on the third day after the work handover. If the company does not approve it, it will be reported to the Labor Bureau and the Labor Dispute Arbitration Commission in a timely manner.

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

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 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 one probationary period.

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 lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in 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.