After the probation period, how to calculate Foxconn s breach of contract

If there is no special agreement in the contract, the company cannot terminate the labor contract with you at will.

Article 40 of the Labor Contract Law Under 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:

1) The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

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.

If the employer requests the termination of the contract on the basis that you are not competent for the job, he should still provide evidence that you are not competent for the job despite training or job adjustment, which the employer cannot provide according to your statement.

In other words, it is illegal for the employer to terminate the contract with you at this time. If the labor contract between you stipulates the liability for breach of contract, according to the agreement, if there is no agreement, then your employer shall bear the relevant responsibilities stipulated in the labor contract law and other provisions in accordance with the law.

Article 48 of the Labor Contract Law If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee 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 provided for in Article 47 of this Law.

Hope it helps.

See if it's written on the contract. If you don't write it, it's three months' salary, but this is the company's offer to quit you. If you offer it, then no salary will be paid.

Article 19 of the Labor Law Where 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.