Agreeing to become a regular and suddenly dismissal, is this a violation of the labor law, and what

Conclusion: Hello! The new Employment Contract Law stipulates that employers have the right to dismiss employees during the probationary period if they do not meet the employment requirements, and they may not pay compensation.

However, even during the probationary period, you should sign an employment contract, otherwise even if it is illegal, if you do not sign it for more than one month, you should be paid twice the salary every month thereafter.

Solution: You first want to ask the boss that it is illegal not to sign the contract;

Secondly, how long is your trial period? How long are they going to sign an employment contract with you? The Labor Contract Law stipulates that 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; If they violate the rules of the probationary period, you can raise it with your boss.

In addition, the law allows you to ask your manager to explain the reason for your dismissal, and you can also file a complaint against them for breaking the law.

Legal reference: Article 19 of the Labor Contract Law 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;

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.

Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances:

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

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

1.Violate. 2.Submit to arbitration.

3.Statutory Compensation.

Article 19 Where the term of a 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.

If your probationary period is more than a few months, if it has been more than 6 months, then even if you have not signed a contract, you have already become a regular worker, and you can already submit to labor arbitration to claim compensation from the unit, and you need to coordinate with the unit.

There is no compensation, can it be counted verbally, dizzy.

Legal analysis: When an enterprise dismisses an employee, the corresponding compensation is different according to the reason for the dismissal. If an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation.

If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. The unit needs to pay economic compensation for the economic layoff and dismissal of employees. If the employee seriously violates the company's rules and regulations and meets the conditions for dismissal, the unit does not need to pay compensation.

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

Article 37 A worker 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.

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract;

2) Failure to pay labor remuneration in full and in a timely manner;

3) Failure to pay social insurance premiums for workers in accordance with the 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 specified in the first paragraph of Article 26 of this Law;

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Article 39 The employer may terminate the labor contract if the worker 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 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 40 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 after training or job adjustment, he is still incompetent to postpone the work;

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 negotiation.

The compensation for dismissal after regularization is as follows:

1. If the employer terminates the labor contract illegally, the employee can claim compensation for the job;

2. If the reason for the termination of the labor contract by the unit meets the prescribed circumstances, there is no need to pay economic compensation or compensation, and the circumstances under which the contract can be terminated according to the law are as follows:

1) The employee 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 employee is seriously derelict in his duties, commits fraud 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) Those who have been investigated for criminal responsibility in accordance with law;

3. If the reason for the termination of the labor contract by the unit is in line with the prescribed compensation conditions, the employer shall pay economic compensation;

4. If the employer cannot reach an agreement on the compensation or other disputes arise, either the party or the employer can apply for labor arbitration within one year of being dismissed.

Legal basisArticle 40 of the Labor Law of the People's Republic of China.

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.

When an enterprise dismisses an employee, the corresponding compensation varies according to the reason for the dismissal.

If an employee is dismissed without cause, the employer needs to pay double the compensation of economic compensation. If an employee is dismissed at the expiration of the contract, the employer needs to pay economic compensation. The unit needs to pay economic compensation for the economic layoff and dismissal of employees.

If the employee seriously violates the company's discipline, the unit does not need to pay compensation. There is no financial compensation for dismissal during the probationary period because they do not meet the employment requirements.

Legal basis] Article 48 of the Labor Contract Law of the People's Republic of China provides that 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. Defeat trembled.