Can an employer terminate an employee s employment contract during the probationary period? 60

The probationary period refers to the period during which the employment relationship is still informal, the employer assesses whether the employee is qualified, and the employee understands whether the employer meets his or her own requirements.

During the probationary period, both parties can terminate the labor contract at will, and there is no compensation for this.

This means that you can resign on your own during the probationary period, regardless of the agreement signed earlier.

There is nothing wrong with thinking that does not fit. Everyone has their own personality traits, and each company also has its own corporate culture, so it's not a big deal if it's not suitable to change one. Here's a very simple example:

A company has been using fraud to maintain profits, so if a very serious person comes, the people inside will think that he is not suitable; Similarly, if most of the people in a company are doing practical things, they will feel that it is not suitable to come to a bastard company.

So there's no need to dwell on it, just find the next one if it's not suitable.

This is not right, before the probationary period, there is generally a 3-7 days trial period, during the trial period if you are cut then there is no salary, these days will enter the probationary period of the procedure, the probationary period is paid, it is obvious that they are doing this in violation of the labor law, if you feel necessary, you can go to the local labor department or legal aid department as a vulnerable group for help, I believe you will get a satisfactory answer. Again, they are completely wrong to do this, and this HR manager of your company seems to be quite a failure, and even has a labor dispute with the employee, which is the most unsuccessful performance of manpower.

The contract can be terminated without compensation.

However, wages must be paid.

Hello, the company can terminate the contract during the applicable period, but there must be a clear reason.

If you are found to be ineligible for employment during the probationary period, the employer may terminate the employment contract.

Article 39 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;

No compensation is required but three days' notice is required.

During the probationary period, both parties can terminate the employment contract. Legal basis: According to Article 37 of the Labor Contract Law, an employee may terminate the labor contract by giving 30 days' written notice to the employer. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance.

Article 38 Under any of the following circumstances, the employer may terminate the labor contract: (1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failing to pay labor remuneration in full and on time; (3) Failing to pay social insurance premiums for workers in accordance with law;

If an employee who is still on probation and does not want to continue working in the employer, he or she may terminate the labor contract by notifying the employer three days in advance. If the employer proves that the employee does not meet the employment requirements of the employer after the probationary period, it can also terminate the labor contract with the employee without paying severance payment.

1. Is there a difference between company dismissal and employee resignation?

Some; 1.If you voluntarily resign due to personal reasons, the company does not need to pay any compensation or compensation in this case.

2.Company dismissal: It is necessary to distinguish whether it is legal and whether compensation or compensation needs to be paid according to the specific circumstances.

If the employee is legally at fault, i.e., under Article 39 of the Labor Contract Law, the employer may unilaterally terminate the employment contract without paying severance payments.

During the probationary period, both parties can terminate the employment contract. If the employee takes the initiative to terminate the employment contract with the employer, the employer may not pay the employee severance for termination. If the employer defaults first, for example:

If the employee fails to pay the labor remuneration in accordance with the contract, resulting in the termination of the labor contract, the employer shall pay severance and bear part of the legal liability.

If it is proved that the employee does not meet the employment requirements during the probationary period, the enterprise may terminate the labor contract.

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 work tasks of the employer, 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;

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

1. What is the specific work of employees to implement joint and several criminal liability?

The Labor Contract Law of the People's Republic of China stipulates that if an employee falls under any of the following circumstances, the employer may terminate the labor contract: (1) the employee is proved to be ineligible for employment 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 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 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; 6) Those who have been pursued for criminal responsibility in accordance with law.

2. Who has the various provisions of Article 39 of the Labor Contract Law.

Article 39 of the Labor Contract Law stipulates 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 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 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; 6) Those who have been pursued for criminal responsibility in accordance with law.

Article 39 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 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;

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

Legal Analysis: Yes. During the probationary period, it is proved that they do not meet the employment requirements; Serious violation of the rules and regulations of the employer; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; If an employee establishes an employment relationship with another employer at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer, etc., the employee may be terminated.

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

Article 26 The following labor contracts are invalid or partially invalid:

1) Using fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify a labor contract contrary to its true intentions;

2) The employer exempts itself from statutory liability and excludes the rights of employees;

3) Violating mandatory provisions of laws or administrative regulations.

If there is a dispute over the invalidity or partial invalidity of the labor contract, it shall be confirmed by the labor dispute arbitration institution or the people's court.

Article 27 Where part of the labor contract is invalid and does not affect the validity of the other parts, the other parts shall remain valid.

With the continuous development of social economy, in real life, we will encounter all kinds of problems, especially for employees during the probation period, the employer can terminate the labor contract at will, which also makes many friends very puzzled about this, in fact, we must know that during the probation period, unless the employee has some special circumstances, the employer is not able to terminate the labor contract, once the corresponding labor contract is terminated, Then we can protect our legitimate rights and interests through legal channels without any damage.

First of all, we must understand that our employer cannot terminate the employee's contract at will during the probationary period, unless our employee is proved to be ineligible for employment during the probationary period, has seriously violated the rules and regulations of the employer, and has committed serious dereliction of duty, favoritism, and has caused significant losses to the employer in the process of work, and the employee has established labor relations with other employers. has a huge impact on the employer where he works, then the employer can have the right to terminate the labor and .

Therefore, we can clearly see that the employer is not able to terminate the corresponding labor contract at will, and the employee cannot be terminated during the probation period unless the above circumstances occur, and a company must stand in a reasonable and legal perspective to safeguard the legitimate rights and interests of employees, and must let employees consciously abide by the rules and regulations of the corresponding company, only in this way can the company develop better.

To sum up, we can clearly know that during the probationary period, the employer cannot arbitrarily terminate the employment contract of Xiangying, and once the employer terminates the employment contract of Xiangying at will, then the employer will be subject to huge penalties, which is inevitable and must be known by each of us.

Hello, during the probationary period, the employer cannot terminate the labor contract at will, and failure to terminate the labor contract in accordance with the law constitutes illegal dismissal, and the employer shall pay compensation in accordance with Article 87 of the Labor Contract Law.

During the probationary period, when the employer terminates the contract in accordance with the Labor Contract Law, it shall have evidence to prove that the employee does not meet the employment requirements.

During the probationary period, if the employee is not qualified for the job or finds that the application materials are fraudulent and does not meet the employment conditions, the company may stop the probation and dismiss him at any time.

During the probationary period, the employer may not terminate the employment contract at will. Because it is illegal to terminate an employment contract at will, unless the employee violates the company's regulations during the probationary period, the employment contract can be terminated.

No. Employees are not dismissed unless they make mistakes during their probationary period that result in a loss to the company, or if they are not competent enough.

Employees during the probationary period. The employer can terminate the employment contract with the employee at any time, but only three days' notice is required.

Otherwise, he only needs to pay three more days' wages to terminate the labor relationship with him.

During the probationary period, the employee can terminate the employment contract at any time. However, three days' notice is required.

Otherwise, you will need to pay an extra three days' wages.

If you want to leave your job as an employee, you must also submit your resignation report three days in advance.

According to Article 21 of the Labor Contract Law, "during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified 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.

Note: Article 39: "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 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;

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

Paragraph 1 of Article 40: "A worker who is sick or injured not due to work-related injuries is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired." ”

Paragraph 2 of Article 40: "A worker is not competent for the job, and is still incompetent for the job after training or job adjustment. ”

The condition that the employer can terminate the labor contract is that "the employee must provide evidence to prove that the employee does not meet the employment requirements during the probationary period." If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. In this case, the employer is not required to pay severance for terminating the employment contract.

If the employer does not have evidence to prove that the employee does not meet the employment requirements during the probationary period, the employer cannot terminate the employment contract.

What exactly does it mean to be "not eligible for employment"? When signing an employment contract, if the employer does not clearly disclose to the job seeker what circumstances or conditions exist in the job seeker's position and meet the conditions for terminating the contract, the enterprise cannot arbitrarily terminate the contract on the grounds of "not meeting the conditions". If the company violates the relevant regulations, the job seeker can bring relevant and valid evidence to the relevant department to appeal and receive compensation.

If the employer unilaterally proposes to terminate the contract, or if the employer dismisses the probationary employee due to major changes such as economic layoffs, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary.