Should I be compensated if I was fired without cause during the probationary period?

If you do violate the company's rules and regulations (the rules and regulations do not comply with the conflict of laws and regulations), then the employer can still dismiss you during the probationary period without paying compensation, if it is unreasonable to dismiss you, then you can file for compensation, in addition, compensation is one thing, the salary of your probationary period is another, regardless of whether you violate the company's regulations, you can get the salary during the probationary period.

We must defend our rights to the end!!

You can't get it, as long as you don't have a valid labor contract. This is a typical despicable means of obtaining cheap labor in the name of the term. Most of the use to almost three months is to fry you.

If there is no reasonable reason, compensation should be made.

The behavior of the factory is to be despised.

You should be able to get paid. If they don't give it, they will complain to the local personnel bureau.

During the probationary period, you can quit at any time, or you can be fired at any time.

At the end of 2008, he worked in a factory called Meili Garment Factory in Zhongshan City, and when he first went to work, the factory promised a probationary salary of 1,053 yuan, divided into three shifts, and did not make any mistakes during this probationary period"The trial is not qualified"For the reason of firing me, excuse me, is it reasonable for the factory to do this? Can I get reimbursed? There is also a note, the factory due to the end of the year to catch up with the goods, so a large number of people hired, after the end of the rush to catch up with all of our probationary employees, I hope you can help me.

Collectively apply for labor arbitration and request the resumption of labor relations.

Spend money to buy lessons, eat a trench and grow a wisdom.

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.

It depends on the reason for dismissal. According to the provisions of the Labor Contract Law of the People's Republic of China, if an employee is dismissed during the probationary period if he does not meet the employment requirements, the employer does not need to pay economic compensation, but must pay the corresponding wages. If the employer dismisses the employee illegally, it needs to pay the employee the corresponding compensation according to the actual situation.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China provides that if an employee falls under any of the following circumstances, the employer may terminate the labor contract:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage 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 employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

Article 46 of the Labor Contract Law 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) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, 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;

6) Termination of 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.

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.

During the probationary period, the employer shall not terminate the labor contract unless the employee has the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of the Labor Contract Law of the People's Republic of China.

Legal basis: Article 21 of the Labor Contract Law of the People's Republic of China.

During the probationary period, the employer shall not terminate the labor contract unless the employee falls under 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.

Article 48.

If the employer dissolves or terminates the 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 the labor contract; 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.

1. Article 82 of the Labor Contract Law of the People's Republic of China stipulates that "if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage." "The employer shall pay you the wages for the actual number of days you worked for the second and third months as compensation. 2. If the employer has not signed a labor contract with you, it should not agree on a probationary period with you, and the agreed probationary period is invalid.

3. Article 87 of the Law stipulates that "if an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation stipulated in Article 47 of this Law." "Although you have not signed a labor contract, you are deemed to have signed a labor contract in accordance with the law, and the employer has terminated the labor relationship with you in violation of the law, and you should be paid twice the economic compensation. Article 3 of the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees promulgated by the former Ministry of Labor stipulates that when an employee of an enterprise needs to stop working for medical treatment due to illness or coarseness or non-work-related injury, he or she will be given a medical treatment period of three months to 24 months according to his actual working years and working years in the unit.

The party in this case, Wang, has worked for the company for less than five years, which meets the requirements of "if the actual working experience is less than 10 years, the working experience in the company is less than 5 years, and the working experience is less than 3 months". Article 47 "Economic compensation shall be paid to the laborer according to the number of years he has worked in the unit and the rate 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.

If an employee of a public institution commits a criminal act, he or she will most likely be dismissed from public office, but if the circumstances of the crime are not very serious and there is no criminal record, he will not be dismissed. However, if a criminal offence is committed, civil liability cannot be avoided even if a criminal penalty is not imposed.

Legal analysis: On the question of whether there is compensation for dismissal during the probationary period, in accordance with Article 46 of the Labor Contract Law of the People's Republic of China, the employer shall pay economic compensation to the employee under any of the following circumstances: (1) failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Circumstances under which a worker may terminate a labor contract as provided by laws and administrative regulations.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) failure to provide labor protection or working conditions in accordance with the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances provided for in the first paragraph of Article 26 of this Law; (6) Circumstances under which a worker may terminate a labor contract as provided by laws and administrative regulations.

In the case of dismissal during the probationary period, the employee cannot apply for any compensation, and only unreasonable dismissal can apply for compensation.

Article 19 of the Labor Contract Law of the People's Republic of China stipulates that "the probationary period shall be included in the term of the labor 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. In other words, the employer has no right to sign a probationary contract with the employee only, and not a formal written labor contract.

This is because even if the enterprise has not signed an employment contract with the employee, as long as there is an employment relationship between the two parties, then this situation is still protected by law as a de facto employment relationship. If an enterprise wants to terminate such a de facto employment relationship, it must notify the employee 30 days in advance and compensate it in accordance with the law. The law also stipulates that if only a probationary contract is signed, the probationary period shall not be established, and the "probationary period" shall be the term of the employment contract.

Obviously, it is not advisable to not sign an employment contract or only a probationary contract during the probationary period. The correct approach should be to sign a formal labor contract with the new employee, and the labor contract includes a probationary period.

During the probationary period, if the employer terminates the contract under any of the following circumstances, the employer is not required to pay severance payments.

Article 39 of the Labor Contract Law stipulates that if an employee falls under any of the following circumstances, the employer may terminate the labor contract:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage 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 employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

For the above content, please refer to Encyclopedia - Severance Payment.

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 under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, the same shall be the case; 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 where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; 6) Termination of 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.

The worker can claim economic compensation, and if it is proved that he does not meet the employment conditions, he will be dismissed, and there will be no economic compensation.

Labor Contract Law of the People's Republic of China

Article 39 [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage 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 employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

There is no compensation for dismissal during the probationary period. During the probationary period, if it is proved that the employment conditions are not met, the employer may start to celebrate and 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 employer finds that the academic certificates provided by the employees are forged and the identity certificates provided are 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 it is allowed to be used as a condition for dismissal, it may lead to the employer maliciously circumventing the law and finding various excuses to dismiss the employee at will.

Probationary period considerations.

Evaluate and appraise the workers during the probationary period and keep the written appraisal opinions. In the case of employment conditions, it is also necessary to be able to prove that they do not meet the employment requirements. This prompts employers to establish an appraisal system during the probationary period.

The employer shall establish an employee probationary period appraisal system, arrange a probationary work plan for the new employee, and use special personnel to lead classes, conduct centralized training, organize written examinations, and record daily performance and performance to evaluate and appraise the performance of the new employee during the probationary period, so as to understand whether the new employee meets the employment conditions during the probationary period.