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No. In accordance with the provisions of Article 28, Paragraph 4 of the Labor Law of the People's Republic of China:
Where an employer hires a worker or legally employs a worker, it shall not be less than 30 working days, and the longest shall not exceed 90 working days. The payment of remuneration to workers shall not be delayed under any name.
In layman's terms, the probationary period is 1-3 months. The maximum length of time should not exceed 6 months. After the expiration of the probationary period, the employer must sign a formal labor contract with the employee.
During the probationary period, the employment relationship between the employer and the employee shall be subject to the agreement between the two parties.
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There is no basis for the company to do so, if the company does not have strong evidence, the company is in breach of contract, and the tripartite agreement should write how to deal with the breach of contract. If the company insists on letting you go, you will call the labor bureau. I'm also a fresh graduate, and there was something wrong with the three parties.
In fact, this tripartite agreement has no legal effect.
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Legal analysis: As long as the employer dismisses the employee, and the employee is not at fault, there will be 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 the employee in accordance with the law, (4) The rules and regulations of the employer violate the provisions of laws and regulations, and damage the rights and interests of the employee, (5) The labor contract is invalid due to the circumstances specified in Paragraph 1 of Article 26 of this Law, and (6) Other circumstances in 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 the employee does not meet the employment requirements, (2) he seriously violates the rules and regulations of the employer, (3) he or she seriously neglects his duties, engages in malpractice, and causes major damage to the employer, (4) the worker 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) the labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law, and (6) the employee is investigated 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:
(2) The worker is incompetent for the job and is still incompetent for the job after training or job adjustment after the expiration of the prescribed medical treatment period, (2) the worker is incompetent for the job, and after training or job adjustment, he is still incompetent for the job, (3) the objective circumstances on which the labor contract is based have changed significantly, making it impossible to perform the labor contract, and the employer and the employee have failed to reach an agreement on changing the content of the labor contract after consultation.
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Of course, you can be dismissed unconditionally, and you can even handle all the dismissal work without any additional procedures.
Regardless of whether he is a fresh graduate or a former graduate, relatively speaking, as long as the company believes that his work ability is not suitable for his own jobThe company can notify me in advance and dismiss himIt does not have to bear any labor responsibilities and related legal liabilities.
Because since it is a probationary period, it already shows that both parties are in the process of adapting to each otherThey all need to give each other all the guarantees they need to be able to take on the jobAfter one to three months of running-in, both parties can feel psychologically and materially that this job is very happy to cooperate with both parties, then you can sign a formal labor contract, and the fresh graduates will become regular employees, and since then they have become a member of the company.
Isn't that what fresh graduates are looking for? I have a job, an organization, a colleague, a place where I can get a salary every month to make a living, and I have the confidence to eat a takeaway.
After years of hard work, now on the social self-reliance, no longer need to rely on the family as a backer, such a free and easy life is very beautiful to think about, naturally from the heart of the company that can accept themselves and provide jobs will do their best,Do everything you can to show your strength and strive to pass the assessment as soon as possibleWho wouldn't want to get a Zhengnai-style labor contract as soon as possible and become an organized person as soon as possible?
The state will do its best to protect the rights and interests of fresh graduates, and of course, it will also pay attention to safeguarding the interests of the employersIt's not who is weak and who is reasonable, a bowl of water should be level, and it is all carried out on the basis of fairness, justice and openness. As an intern, I have just entered the workplace, I am curious about everything, I am ignorant about everything, there are countless unknowns waiting for everyone to explore and summarize, this process is full of unknowns, full of uncertainties, and it is difficult for anyone to be sure whether they can become the last one hired.
As an intern, fresh graduates do not automatically win the gold medal for avoiding death, and everything needs to be done on the premise of fully protecting the interests of both parties in order to enter Changdan Songxing on time and on schedule. Although the state considers that fresh graduates are in a passive position of selection in the job market, it tries its best to protect the interests of fresh graduatesBut that's also based on the premise that fresh graduates are competent for the job.
In short, as a fresh graduate, you need to know whether your strength matches the job positionWhen there is a situation that you are incompetent, you must be willing to gamble and lose, consciously accept the company's arrangement, and find another home. To put it mildly, "If you don't stay here, you have a place to stay here", why not hang yourself on a tree? There's always something for you.
Otherwise, what can you get if you don't leave, or turn against the company? In addition to losing face, there is nothing to be gained, and it is really unnecessary to delay yourself in finding your next home and delaying your good future. What strength do you have, you should know how much you know, right?
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OK. You can even complete all the resignations and retire jobs without any additional formalities. Whether you are a fresh graduate or not.
It's still a chaotic student.
Relatively speaking, as long as the company believes that his work ability is not suitable for the job position of the acre, the company can notify me in advance and dismiss him without bearing any labor responsibilities and related legal responsibilities.
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The school gave us a small piece of cake each, about 5 10 yuan, which I will remember for the rest of my life.