Tripartite Agreement Labor Contract Probation Dismissal Compensation The events are as follows

If the company dismisses you on this ground, it should provide the appropriate evidence.

According to you, you have made two mistakes, then consider whether those two mistakes can prove that you are not up to the job. The criteria are usually as follows: whether others often make the same mistakes as you, and what is the probability; How long has it been since you last made a mistake;

If the vast majority of people are committing crimes, it means that the nature of the work is like this. If it's been a long time since your last mistake and the company hasn't asked you to terminate your employment contract on this basis, then you can prove that you are up to the task.

Unilateral termination of an employment contract is different from the termination of an employment contract, and during the probationary period, the company does not need to notify you 30 days in advance, nor does it need to compensate you. But once the probationary period is over, it's different.

Let me tell you another thing: the company cannot arbitrarily terminate the employment contract with you on the grounds that you are not qualified for the job.

If the company does so, you go to the arbitration tribunal of the Labor Bureau (Labor and Social Security Bureau) where the company is located to apply for arbitration. Arbitration is free and does not cost you money.

From the legal side:

The company must comply with both Articles 4 and 39 of the Labor Contract Law before it can be exempted from liability to lay you off – in other words, the company has a public provision, and you are aware of the regulation (that is, you have signed to prove that you have read the regulation and agree to the provision), and your behavior complies with Article 39.

Generally, there will be a formal assessment at the end of the probationary period, if the assessment is not qualified, it is normal to dismiss you, and the company should fulfill the contract if you join the qualified, and become a regular employee, the company will pay compensation for layoffs.

Article 39 of the Labor Contract Law 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 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.

If you make a mistake or not, whether it is proved that you do not meet the employment conditions, this is up to the people, and the unit can say whatever it wants. If you are really opened, if you are not satisfied, you will arbitrate, and see if you can ask for money.

During the probationary period, the employee has the right to terminate at will, but the company does not enjoy it, and the company must have a valid reason for dismissing the employee, otherwise he will be compensated.

According to the information you introduced, your company's termination of you is unlawful.

Although you are still in the probationary period, according to 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 specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law." If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. At present, the company's termination of your labor contract due to internal adjustment of the department obviously does not meet the requirements of Article 39 and Article 40, Paragraphs 1 and 2 of the Labor Contract Law.

In this case, the company has no right to terminate the labor contract with you, and shall rearrange the labor position for you, or terminate the labor contract with you through negotiation, or pay you one month's salary in accordance with the provisions of Article 40 (3). If the circumstances stipulated in Article 41 of the Labor Contract Law are met, the employee may be laid off and the employment contract may be terminated with you. However, you are required to pay you severance for the termination of the employment contract.

If the company fails to settle the employment contract with you in the above manner, it is an illegal termination, and you can apply for labor arbitration and require it to pay compensation for the illegal termination of the labor contract.

In the case of the final delay in the payment of wages, you can also file an arbitration claim against the person for the delay in the payment of labor remuneration. But I personally think that since the salary has been paid, it is not delayed, so there is not much need. Arbitration and litigation have a cost of time, energy and mood, and at the same time, the past resume of re-employment in the future will also have a corresponding impact, after all, we are a country with a surplus of labor. Ha ha.

The employer is required to pay compensation.

1.During the probationary period, the contract can be terminated if it is proved that it does not meet the employment conditions without compensation (Article 39 of the Labor Contract Law).

2.If the worker is incompetent for the job, the employee shall be notified in writing 30 days in advance. There is compensation (Article 40 of the Labor Contract Law).

Therefore, if your company does not notify you in writing one month in advance, it needs to compensate you for one month's salary and half a month's economic compensation.

Even if the company finds enough evidence to fire you without compensation, you can offer to leave your job in writing on the grounds that the company is in arrears of wages. and demanded the payment of compensation.

Article 40 of the Ministry of Labor's Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (No. 1995 No. 309) stipulates that if an employee terminates a labor contract in accordance with Paragraph 1 of Article 32 of the Labor Law (during the probationary period), the employer may not pay severance but shall pay wages according to the actual number of days worked.

During the probationary period, the company can terminate the labor contract at any time without severance payment.

No.. You've been taken advantage of by the law, there's no way.

Said to sign the contract, but did not sign. I just didn't sign a contract, worked for 3 months, and had a documentary certificate to give you a monthly salary of 4,000 yuan.

I think that 3 months of compensation 2 times salary. It is in accordance with Article 82 of the Labor Contract Law.

If there is no documentary evidence, the salary is 4,000 yuan per month, and it is calculated at 1,800 yuan per month.

If the monthly salary is 4,000 yuan, the boss will compensate you for the salary

4,000 yuan x 3 months x 2 times = 24,000 yuan. 24,000 yuan - 1,800 yuan x 3 = 18,600 yuan.

Answer: According to the monthly salary of 4,000 yuan, the worker will be compensated 18,600 yuan.

If calculated at 1800 yuan per month. The compensation paid by the boss to the worker is:

1800 yuan x 3 = 5400 yuan.

Answer: According to the monthly salary of 1,800 yuan, the compensation to the worker is 5,400 yuan.

Failure to sign a labor contract is a violation of the labor contract law, and the probationary period should be included in the contract period, you can go to the labor arbitration department to claim compensation at twice the salary, as for whether the salary is 4,000 yuan or 1,800 yuan, it depends on your evidence.

The first thing you have to prove is that the probationary period promised by the boss, which is the premise, you can prove it, then you can ask for compensation, you can't prove it, there is no way, there is nothing...

Pay another 4 and a half months' salary of 3,000 yuan per month.

1. If the labor contract is not signed, the employee violates the provisions of Article 10 of the Labor Contract Law, and needs to bear the legal responsibility of paying twice the salary stipulated in Article 82, which is calculated from the day after entering the company for one month.

2. Due to the lack of a labor contract, the probationary period is invalid, and the company shall pay the difference between the monthly salary of 4,000 yuan and the monthly salary of 3,000 yuan during the probationary period.

3. The company shall pay economic compensation for the monthly salary when the de facto labor relationship is terminated.

1. Probationary period:

Labor Contract Law.

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.

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.

If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

Article 83 Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period.

2. The company insisted on dismissal

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 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.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

It's useless, will you really sue that business?

If the probationary period is actually executed for three months, the employer has violated the provisions of Article 19 of the Labor Contract Law and the provisions of the employment contract, and shall compensate you for the wages of the probationary period of one month in accordance with Article 83.

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and the circumstances are in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. Third, if the employer terminates the labor contract in violation of the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.

Pay attention to keep the written notice and handover list of the employer requiring you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

My Space has the legal provisions mentioned above, which you can check out.

If the provisions of the Labor Contract Law are met, the employer shall pay severance according to the employee's years of service with the company, and according to the Labor Contract Law, the company shall pay 30 days in advance or an additional month's salary to terminate the contract. In addition, severance shall be paid for the termination of the contract, and the average monthly salary shall be paid for each full year of service, that is, an employee who has worked for four years can normally receive an average monthly salary of 4 1 or 5 months. In case of illegal termination, the severance payment is 2n at twice the rate of severance payment