Is there still a salary if I disobey the assignment during the probation period and am dismissed ?

Hello, first of all, don't worry, calm down, I'll do my best to give it to you!

First: Your boss's behavior has violated the Labor Contract Law, according to Article 19 of the Law, the length of the probationary period is determined by the length of the employment contract period, that is, your wife should have signed a labor contract with you before the start of use, and it is clear that he did not!

Second: The salary offered by your boss during the probationary period is stipulated by the law, as long as it is not lower than the minimum wage of the same position in the employer or 80% of the salary agreed in the contract and the minimum wage of the employer's location.

Third: You and the boss must have established an employment relationship, so you don't need to be afraid, the law stipulates that the employer shall establish an employment relationship with the employee from the date of employment.

Fourth: Although you do not have a written contract, according to Article 12 of the Labor Contract Law, if the employer does not conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract, and if there is no collective contract or the collective contract does not stipulate it, equal pay for equal work shall be implemented.

Fifth: It is recommended that you refer to the relevant content of the "Labor Contract Law" (08 years), there are some things that you can read more clearly in your heart, after all, I don't know much about the actual situation. There is not much content in the law, and you can read it quickly, and you can search it on the Internet.

Sixth: If you feel the need to seek legal protection of your rights and interests after reading the legal provisions, you can go through arbitration and litigation. If the arbitration is recommended, search for the "Regulations on the Settlement of Labor Disputes in Enterprises" and the "Labor Dispute Mediation and Arbitration Law" on the Internet

Seventh: If you sue, don't be afraid of the burden of litigation costs, your boss will let him bear the costs if he loses the lawsuit. However, it is recommended that if you want to seek a remedy, you should go to arbitration, which is efficient and does not require too much effort.

Arbitration can go to the labor dispute arbitration commission, this can check your local ** (not set up in the county).

In addition, I don't have the information on the law upstairs, so I can't answer it, but it must be credible

If the employee is dismissed for disobedience to the assignment during the probationary period, the employer shall calculate the employee's salary according to the employee's normal attendance time.

Interim Regulations on the Payment of Wages

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

Article 40 of the Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (Lao Bu Fa No. 1995 No. 309) stipulates that if an employee terminates a labor contract in accordance with Paragraph 1 of Article 32 of the Labor Law (during the probationary period), the employer may not pay severance but shall pay wages according to the actual number of days worked.

Yes. Legal basis.

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner.

If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Legal analysis: Employees who do not obey the leadership arrangement during the probation period can be dismissed. However, the company needs to compensate the employee according to the number of years of service, and the employment contract can only be terminated after the compensation.

The probationary period refers to the period during which the employer assesses whether the employee is qualified and whether the employee meets its own requirements, which is a manifestation of the two-way choice between the two parties. Labor contract, also known as labor contract, labor agreement.

Legal basis: Article 40 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 but accounting for more than 10% of the total number of employees of the enterprise, the employer shall explain the situation to the trade union or all employees 30 days in advance, and after listening to the opinions of the trade union or employees, the layoff plan may be reported to the labor administrative department, and the normal personnel may be reduced

1) Reorganization is carried out in accordance with the provisions of the Enterprise Bankruptcy Law;

2) Serious difficulties occur in production and operation;

3) After the enterprise changes its production capacity, major technological innovation, or adjustment of its business mode, it is still necessary to arbitrarily clear and reduce its personnel;

4) Other situations where the labor contract cannot be performed due to major changes in the objective economic conditions on which the labor contract is based.

Legal analysis: If the employer does not pay wages when resigning during the probationary period, the employee can report to the labor inspection department and claim wages. The law stipulates that if the employer has corresponding circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; Zhihuikuan, whose labor remuneration is lower than the local minimum wage standard, shall pay the difference.

Legal basis: Article 85 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the Bishan worker according to the standard of 50% to 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3) arranging overtime work without paying overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

For employees who do not accept the company's transfer and dismissal, if it is found that the company has dismissed them illegally, they can respond by negotiation, applying for labor mediation, initiating labor arbitration, etc., and can require the company to pay compensation or continue to perform the labor contract.

1. Whether the employee can be dismissed without reason during the probationary period, the employer may dismiss the employee only if the employee has one of the following statutory circumstances: 1. The employee 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 worker is seriously derelict in his duties, commits fraud for personal gain, and causes 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 promoted by the employer; 5. The worker uses fraud, coercion or taking advantage of the danger of others to cause the employer to conclude a 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 engage in the original job after the expiration of the prescribed medical treatment period, 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. When an employer dismisses an employee during the probationary period, it shall explain the reasons for dismissal to the employee in addition to the above-mentioned statutory dismissal of the employee.

2. What should I do if I am dismissed during the probationary periodIf the employee proves that he does not meet the employment requirements during the probationary period, the employer may terminate the labor contract. In order to prove that the employee does not meet the employment requirements, the employer must first clarify the employment conditions at the time of recruitment or when signing the labor contract. Secondly, during the probationary period, there should be a strict and continuous assessment to prove whether the worker meets the employment conditions. Therefore, the employee can say no to the employer's arbitrary dismissal of the employee during the probationary period, and even if the employee and the employer go to court, the risk of losing the lawsuit lies with the employer.

If an employer is allowed to dismiss an employee at will during the probationary period, that is, to terminate the employment contract with the employee without reason, it will inevitably cause damage to the interests of the employee and is obviously not conducive to protecting the legitimate rights and interests of the employee. Combined with the provisions of the Labor Contract Law and other laws, even during the probationary period, the dismissal of an employee by an employer must comply with the prescribed circumstances. Therefore, whether the probationary period can be dismissed without reason, the answer is no.

Legal analysis: For employees on probation, the employer can only dismiss them if they prove that they do not meet the employment requirements. If you are dismissed because you do not accept the transfer, you should be given economic compensation.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract if the 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 harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) Where the labor contract is invalid due to the circumstance provided for in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the labor contract is investigated for criminal responsibility in accordance with law.

For employees who do not accept the company's transfer and dismissal, if the company finds that the company is illegally dismissed, it can take the form of negotiation, application for labor mediation, initiation of labor arbitration, etc., and can require the company to pay compensation or continue to perform the labor contract.

Article 35 of the Labor Contract Law of the People's Republic of China The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in writing. The amended labor contract shall be held by the employer and the employee.

Article 40 of the Labor Contract Law of the People's Republic of China In any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: (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 labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

For employees on probation, the employer can only dismiss them if they prove that they do not meet the employment requirements. If you are dismissed because you do not accept the transfer, you should be given economic compensation.

1. How to compensate the company for the dismissal of a pregnant woman.

After the dismissal of the pregnant woman, the company shall give the following compensation:

1. If the labor relationship is terminated illegally, the compensation is equivalent to twice the economic compensation;

2. Wages during pregnancy, childbirth and lactation, wages and overtime wages should be paid together.

The conditions for dismissal during the probationary period are as follows:

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

2. The employee seriously violates the rules and regulations of the employer;

3. The worker is seriously derelict in his duties, commits fraud for personal gain, and causes major damage to the employer;

4. The worker is investigated for criminal responsibility in accordance with the law;

5. The worker is sick or injured not due to work, and cannot engage in the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer;

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

2. Employees should be dismissed a few days in advance during the probation period.

The law does not stipulate that the law stipulates that employees who resign during the probation period must be notified to the employer three days in advance. Under normal circumstances, the employer must notify the employee in writing 30 days in advance or pay the employee an additional month's salary before dismissal.

Whether an employee who is dismissed during the probationary period needs to be compensated needs to be discussed on a case-by-case basis

1. During the probationary period, if the employee proves that he does not meet the employment conditions, the employer dismisses the employee without paying severance compensation;

2. During the probationary period, if it cannot be proved that the employee does not meet the employment conditions, the employer dismisses the employee and needs to pay economic compensation;

3. What are the conditions for dismissal during the probationary period?

The employer may dismiss the employee with fault or non-fault dismissal if the employee during the probationary period meets the following circumstances: it is proved that the employee does not meet the employment requirements 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; The worker is incompetent for the job, and is still incompetent after training or job adjustment; 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 harm 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and 6) the person is sued for criminal responsibility in accordance with law.