Can a dispatched employee leave the company during the probationary period of the contract? Do you w

The probationary period is the period of probationary work agreed between the employee and the employer. During this period, the employee and the employer can get to know each other's situation and decide whether to choose each other. The purpose of the Labor Law is to give the employer and the employer further "choice" when establishing a probationary period.

Article 32 of the Labor Law clearly stipulates that an employee may terminate the employment contract at any time by notifying the employer during the probationary period, without the consent of the employer. During the probationary period, the termination of the employment contract is an important right of the employee, the so-called "unilateral termination right". During the probationary period, the employer can only terminate the employment contract if it proves that the employee does not meet the employment requirements.

Secondly, during the probationary period, if the employee proposes to terminate the labor contract, there is no need to attach any conditions. The employer cannot require the employee to pay liquidated damages on the grounds stipulated in the contract.

Many provinces and cities in our country have great restrictions on the establishment of liquidated damages. For example, Shanghai, Jiangsu and other places have stipulated that only a small number of circumstances, such as investment in training, trade secrets, etc., can liquidated damages be established. Therefore, even if there is a provision for liquidated damages in the contract, it may not be valid.

If the employee and the employer reach an agreement through consultation, or if it is found that the employer has failed to provide labor protection and working conditions as agreed, or the employer has failed to pay labor remuneration in full and in a timely manner, or the employer has failed to pay social insurance premiums for the employee in accordance with the law, the employee may terminate the contract and leave immediately. Otherwise, the employer must be notified in writing one month in advance.

Article 36 of the Labor Contract Law of the People's Republic of China stipulates that the employer and the employee 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 A worker 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.

You can't leave your job casually, and you have to pay according to the contract.

If I resign during the probationary period, do I have to compensate the employer for the loss?

Legal analysis: Resignation during the probationary period only needs to be 3 days in advance.

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

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.

The same employer and the same employee can only agree on a probationary period once.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum salary standard of the employer in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the contract during the probationary period, it shall explain the reasons to the employee.

Legal analysis: A labor dispatch agreement involves the rights and obligations of three parties: one is the employer, that is, the company that has signed the agreement with the employee; One is the laborer, that is, the worker who actually pays labor or mental power; One is the employing unit, that is, the company that specifically employs the employee and directly signs a contract with the employer. The first two entities are commonly referred to as employers and workers, but employers may not be very common, after all, this only appears in labor dispatch.

The employment order is a unit that accepts labor dispatch in the form of labor dispatch in the labor dispatch agreement. There is no employment relationship between the employer and the dispatched Yeli worker.

Legal basis: Article 66 of the Labor Contract Law of the People's Republic of China Labor Contract employment is the basic form of employment in enterprises in China. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.

The temporary jobs provided for in the preceding paragraph refer to positions that last for no more than six months; Ancillary jobs refer to non-main business positions that provide services to main business positions; Substitute jobs refer to positions in which employees of the employer are unable to work due to full-time study, vacation, etc., and can be replaced by other workers.

The employing unit shall strictly control the number of labor dispatch workers, and shall not exceed a certain proportion of its total number of employees, and the specific proportion shall be prescribed by the labor administrative department.