The probationary period is ten days, and the company says that it is not suitable for the position,

Updated on society 2024-04-20
11 answers
  1. Anonymous users2024-02-08

    If you don't adapt to the post, you have to have evidence, and there is no basis for what you say. If the employer wants to dismiss you (of course, it is not called dismissal now, it is called termination of labor relations), you can ask the employer to pay you compensation, the standard is two months' salary for one year of service, and half a year's salary for less than one year, and you can get one month's salary as compensation. Please contact your local labor and social security department for details.

  2. Anonymous users2024-02-07

    Chapter IV Rescission and Termination of Labor Contracts.

    Article 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.

    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 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;

    - You cannot claim compensation unless you have evidence that you are fully qualified for the job and that the company fired you for reasons other than those specified in the labor law.

  3. Anonymous users2024-02-06

    Summary. Hello, if the employee is dismissed during the probationary period because it is proved that he does not meet the employment conditions of the employer, there is no compensation, but if the employer dismisses the employee during the probationary period without reason, the employer needs to pay severance to the employee, and during the probationary period, if the employee needs to terminate the labor contract, it needs to notify the employer three days in advance.

    Ten days of work. The probationary period is seven days. Dismissed. Can I get paid?

    Hello, if the probationary period is proved to be ineligible for the employer's employment conditions, there is no compensation, but if the employer dismisses the employee during the probationary period without reason, the employer needs to pay the employee severance payment, and during the probationary period, if the employee needs to terminate the labor contract, the source needs to notify the employer three days in advance.

    You can get paid.

    As long as you go to work, you can get paid.

    If a person is dismissed during the probationary period, the employer shall also pay the salary. It is illegal to not give, but there is no need to pay compensation for the use of filial piety. Article 50 of the Law of the People's Republic of China on Labor and Relaxation stipulates that wages shall be paid to the worker himself in the form of money on a monthly basis.

    Wages shall not be deducted or unjustifiably delayed.

    Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

    I was fired when he said I wasn't fit for the job. I should have taken my salary and signed my leave. Or what to do.

    You didn't sign a contract.

    If you are dismissed, you should be paid on the spot.

    The contract has already been signed. He is the fifteenth payroll. What if he told me to wait until the 15th.

    If the other party dismisses you, you should be given it on the spot.

    Dismissed employees should settle their wages in person, and if necessary, they can also negotiate with the employee to pay wages at the time of payment.

  4. Anonymous users2024-02-05

    Legal analysis: Whether there is economic compensation for dismissal after 10 days of work needs to be analyzed according to the specific situation: 1. If the employer dismisses the employee without reason, the employee may request compensation from the employer.

    Severance shall be paid to the worker according to the number of years of service in the employer and 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.

    Legal basis: Contract Law of the People's Republic of China Article 39 The employer may terminate the labor contract under any of the following circumstances: (1) it is proved that the employee 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 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.

  5. Anonymous users2024-02-04

    Do employees who resign during the probationary period need to be compensated? That must not let the seepage need, after all, it is a probationary period, he can also quarrel with you, you can also fire him, so you don't need compensation, but you have to explain why you don't go to work?

  6. Anonymous users2024-02-03

    The probationary period is a two-way choice period for the employer to check whether the employee meets the employment requirements, and whether the employee is late to check whether the employer is its own. During the probationary period, if the employer has evidence to prove that the employee does not meet the employment requirements, the employer may terminate the contract without paying severance payments, but the wages shall be settled according to attendance. Because the settlement is the probationary period salary, of course, it is calculated according to the probationary period salary standard.

    The salary of the employee during the probation period shall not be less than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

  7. Anonymous users2024-02-02

    No compensation is required for dismissal during the probationary period, unless a contract is signed.

  8. Anonymous users2024-02-01

    There is no compensation for dismissal during the probationary period, otherwise it will not be called the probationary period, and the salary will be paid according to the regulations for a few days on probation.

  9. Anonymous users2024-01-31

    If an employee is dismissed during the probationary period, whether or not the employee is compensated mainly depends on whether the employee is at fault.

    If the employee is at fault, the company does not need to compensate, and if the employee is not at fault, the company needs to compensate.

  10. Anonymous users2024-01-30

    The state expressly stipulates that as long as the employee during the probation period has the fact of work and has relevant supporting evidence, the employer is required to pay the employee's salary.

  11. Anonymous users2024-01-29

    Summary. Hello, the employee who dismisses the employee during the probation period can be compensated, the employee is not at fault, the employer shall compensate, and the economic compensation shall be based on the number of years the employee has worked in the unit, and if it is less than six months, the employee shall be paid half a month's salary. The employer may agree on a probationary period with the employee, during which the employee has no major fault, and the employer must sign a labor contract with the employee at the end of the probationary period.

    When the probationary period expires for six months and there are five days left, the company notifies me of dismissal, can I apply for financial compensation?

    Hello, the employee who dismisses the employee during the probationary period can be compensated, the employee is not at fault, the employer shall compensate, and the economic compensation shall be based on the number of years the employee has worked in the unit, and if it is less than six months, the employee shall be paid half a month's salary. The employer may agree with the employee on a probationary period, during which the employee has no major fault, and the employer must sign a labor contract with the employee at the end of the probationary period.

    1) The standard of economic compensation is as follows: economic compensation shall be paid to the worker for half a month's salary if the employee has worked in the unit for less than six months. (2) The employer shall not terminate the labor contract on the grounds that the probationary period does not meet the employment requirements.

    Under normal circumstances, the basic employment conditions stipulated by laws and regulations, and the intellectual and cultural level, technical level, physical condition, ideological quality and other conditions stipulated by the employer at the time of recruitment shall prevail. If the employee does not meet the employment requirements during the probationary period, the employer must provide valid proof. 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, otherwise, it shall bear all the legal consequences arising from the illegal termination of the labor contract.

    There are no specific regulations on performance evaluation in the labor contract, and the performance is formulated every month according to the wishes of the boss, among which the customer evaluation and the boss evaluate whether the performance evaluation standard with subjective evaluation is reasonable.

    Pro, subjective evaluation can only be judged based on the company's standard performance, and the law can only restrict the terms of the contract.

    Whether it is reasonable for the company to dismiss employees who are about to complete a six-month probationary period on the grounds that the performance appraisal is unqualified, and the contract does not clearly indicate the performance appraisal hidden standards, and Heshen and Sun Tong indicate: whether it is reasonable to prove that they do not meet the admission conditions during the probation period, notify them within three days and do not pay the deposit.

    Dear, I suggest you negotiate with the company first. Then the negotiation is not successful, and go to the labor bureau to protect their legitimate rights and interests.

    At present, there is no performance review standard in the contract, and the company's unilateral performance review is legal and compliant.

    The company's performance review can be determined by your company's requirements. You should know if you are qualified or not.

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