I want to unilaterally terminate the contract with employee A

Article 39 of the Labor Contract Law provides as follows:

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.

The first paragraph of Article 26 mentioned in Paragraph 5 of the article reads: "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."

If the above reasons are met, no compensation is required for unilateral termination of the labor contract with employee A.

If unilateral termination is required for other reasons, compensation shall be made in accordance with the provisions of Article 47 of the Labor Contract Law

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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

In summary, if there is no reason for non-compensation as described above, it is reasonable to demand compensation for one and a half months' wages.

In addition, it should be noted that according to the provisions of the Labor Contract Law, the probationary period shall not exceed six months, and your statement that "the probationary period is from September 1, 2015 to November 1, 2016" is not lawful.

The upstairs was nice and already professional

Legal analysis: If an employee unilaterally proposes to terminate a labor contract, as long as the form and conditions prescribed by law are met, there is no need for both parties to reach an agreement through negotiation and without the consent of the employer.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10 A written labor contract shall be concluded for the establishment of labor relations. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

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

The employee may terminate the labor contract at any time by notifying the employer: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the provisions of the labor contract. Legal basis:

Labor Law of the People's Republic of China Article 32 Under any of the following circumstances, the worker may terminate the labor contract at any time by notifying the employer: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide working conditions in accordance with the labor contract.

The circumstances under which an employee unilaterally terminates the contract are: failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; Failure to pay labor remuneration in full and in a timely manner; Failure to pay social insurance premiums for workers in accordance with the law; The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees; The labor contract is invalid due to fraud, coercion or taking advantage of the danger of others, causing the other party to conclude or modify the labor contract contrary to its true intentions; Other circumstances under which the employee may terminate the labor contract as provided by laws and administrative regulations. In addition, if an employer forces an employee to work by means of violence, threats or illegal restrictions on personal freedom, or if the employer directs or forces the employee to perform risky work in violation of regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal basis: Article 38 of the Labor Contract Law of the People's Republic of China.

The employee may terminate the 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 violates rules and regulations by directing or forcing risky work to endanger the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

Legal Analysis: The employee may terminate the labor contract at any time by notifying the employer: (1) during the probationary period; (2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor; (3) The employer fails to pay labor remuneration or provide labor conditions in accordance with the provisions of the labor contract.

Legal basis: Article 32 of the Labor Law of the People's Republic of China An employee may terminate the labor contract at any time by notifying the employer under any of the following circumstances:

1) During the probationary period;

(2) The employer uses violence, threats, or illegal restrictions on personal freedom to force labor;

3) The employer fails to pay the remuneration for labor judgment or provide labor conditions in accordance with the labor contract.