After the probationary period, the company won t sign a contract for me, but don t let me do the mat

1. If the labor contract is not signed for more than one month, the employer shall pay double wages from the second month.

2. After the probationary period, if the employer terminates the labor relationship with you (or dismisses or dismisses you) in three situations, which one of the following should be paid economic compensation or compensation but not paid to you, you can apply for labor arbitration within 1 year to protect your legitimate rights and interests

1. If the employer terminates the labor relationship with you without any reason and does not pay any economic compensation, you are not at fault as stipulated in Article 39 of the Labor Contract Law, and it can be determined that the employer's behavior is an illegal termination of the labor contract as stipulated in Article 87 of the Labor Contract Law, and you should be paid 2 months of economic compensation for each year of work, 2n;

2. If the employer terminates the labor relationship with you in accordance with Article 19 of the Regulations for the Implementation of the Labor Contract Law, and meets the requirements of Article 46 of the Labor Contract Law, it shall pay you one month's severance for each year of work. If you do not give 1 month's notice in advance, you should also pay 1 month's salary in lieu of notice, n+1;

3. If you have the circumstances stipulated in Article 39 of the Labor Contract Law, and the employer terminates the labor relationship with you, it does not need to pay any economic compensation or notify you in advance; However, this requires the employer to provide evidence and notify you in writing to terminate the employment relationship.

Labor Contract Law: Article 1.

Article 19 of the Regulations for the Implementation of the Labor Contract Law.

Hello, the employer should sign a labor contract with the employee. After the probationary period, the unit shall be held liable for the illegal termination of the labor relationship.

If you're not at fault, you are.

No, if you don't sign a contract, it won't take effect.

During the term of the employment contract, the company dismisses an employee who is not at fault, and needs to pay compensation (2 times the severance of the severance payment). The economic compensation is calculated according to the employee's working years in the company, and one month's salary is paid to the employee for each full year, and if it is more than six months but less than one year, it is calculated as one year. If it is less than six months, half a month's salary will be paid to the employee.

If the average monthly salary of an employee is three times higher than the average monthly salary of the employee in the previous year where the company is located, the standard of severance shall be paid at the rate of three times the average monthly salary of the employee. The maximum number of years of severance payment is more than 12 years. If the company terminates the labor contract without notifying the labor union in advance, or notifies the employee one month in advance, it will also pay an extra month's salary as compensation, that is, in lieu of notice.

<> after the expiration of the labor contract, unless the company maintains or improves the employee's treatment and the employee is unwilling to renew the contract, the company also needs to pay the employee severance when the labor contract is terminated. If the employee is proved to be ineligible for employment during the probationary period, the company may terminate the labor contract without paying economic compensation, but the company needs to provide relevant evidence to prove that the employee does not meet the employment conditions. If it cannot be proved that the employee is at fault or unable to meet the job requirements, it is still an illegal termination and economic compensation needs to be paid.

According to the provisions of the Labor Contract Law, if the company unilaterally terminates the labor contract, it must notify the labor union first, and if the employee fails to notify the labor union, the employee requests the company to pay compensation on the grounds that the company illegally terminated the labor contract, the court will support it. Even if the company has not established a labor union, when the company terminates the labor contract, it must notify the local federation of trade unions or employee representatives to seek opinions and fulfill the obligation to inform. To put it simply, the dismissal procedure is illegal, and compensation is required.

If the employer terminates the labor contract illegally, the employee may apply to the Labor Dispute Arbitration Court for labor arbitration in accordance with the provisions of the Labor Contract Law, requesting that the employer continue to perform the labor contract with the employer or that the employer should pay the employee compensation for the illegal termination of the labor contract. Those who are dissatisfied with the labor arbitration award may also file a lawsuit with the people's court.

I think that of course you can ask for compensation, and in this case, you can apply for labor arbitration and defend yourself with the law.

Go to apply for arbitration. Compensation can be claimed. The probationary period also requires the signing of a contract, and it is illegal for the other party to do so, and you can go to the Labor and Shed Bureau to apply for arbitration. It is also reasonable to ask for a certain amount of compensation from the company.

There is no way to do this, you can only find another job, and there is no way to ask for compensation, and the probationary period is to observe the performance of employees.

If the employee voluntarily resigns during the probationary period, the employer does not need to pay any economic compensation or compensation.

Article 37 of the Labor Contract Law stipulates that "an employee may terminate an employment 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. ”

If the term of the labor contract is more than 3 months but less than one year, the probationary period shall not exceed one month, and if the term of the labor contract is more than one year but less than 3 years, the probationary period shall not exceed 2 months before old age; For fixed-term and indefinite-term labor contracts of more than 3 years, the probationary period shall not exceed 6 months.

1. The company may dismiss the employee.

1. If the employee has any of the following circumstances, the employer may terminate the labor contract at any time:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Serious violation of labor discipline or the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the interests of the employer;

4) Being pursued for criminal responsibility in accordance with law.

2. Under any of the following circumstances, the employer may terminate the labor contract, but shall notify the employee in writing 30 days in advance:

1) The employee is sick or injured not due to work, and after the expiration of the medical treatment period, the employee cannot engage in the original job or work arranged by the employer;

2) The employee is not competent 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 original labor contract, and the parties concerned cannot reach an agreement on the modification of the labor contract through consultation. However, if the employer fails to notify the employee 30 days in advance, it shall pay the employee compensation equal to the average monthly salary of one month in the current year.

1. Is there any compensation for dismissal of employees who do not sign a contract during the probationary period?

The so-called probationary period must be stipulated in the employment contract before it is possible to have a probationary period. However, you do not have a labor contract with the employer, so there is no agreement on the probationary period. During the probationary period, if the employee does not meet the employment requirements, the employer does not need to pay severance when terminating the labor contract.

The fact that the employee does not meet the employment requirements shall be proved by the employer with evidence. If it cannot be proved, it will be deemed to meet the employment conditions, and the employer shall pay severance compensation.

Labor Contract Law

Article 46.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations.

Article 39.

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 harm 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 the company dismisses an employee without signing a contract during the probationary period, the reason is legitimate and does not violate the law, then the compensation can not be paid, but if the employee does not violate the company's regulations and is not at fault, the company cannot dismiss the employee at will, otherwise it needs to pay corresponding economic compensation. As a reminder, the employment contract should be signed as soon as possible after the employee joins the company, and at the latest within one dust month.

Summary. Hello, dear For your question [I was fired before I signed a probationary contract, is there any compensation?] Does it matter if you sign a probationary contract and don't go yourself?

Here's the answer to this question. During the probationary period, there is compensation for dismissal after signing a contract. Article 39 of the Labor Contract Law of the People's Republic of China [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] 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 harm 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 I sign a probationary contract and am dismissed before I can do it, is there any compensation? Does it matter if you sign a probationary contract and don't go yourself?

Hello, dear For your question [I was fired before I signed a probationary contract, is there any compensation?] Does it matter if you sign a probationary contract and don't go yourself? Here's the answer to this question.

During the probationary period, there is compensation for dismissal after signing a contract. Article 39 of the Labor Contract Law of the People's Republic of China [Unilateral Termination of Labor Contract by Employer (Fault Dismissal)] The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Serious violation of the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing serious harm 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.

During the probationary period, if you have no problems, the company will compensate you for dismissal without reason.

I signed a probationary contract, but I haven't gone to work yet, and my boss regrets that he doesn't need me to go, is there any compensation?

Yes, as long as you sign it, you can call the consumer agreement to defend your rights.

What is my responsibility if I sign up for a probationary contract and decide not to work?

During the probationary period, if the employee does not leave his job 3 days in advance, and the employer does not have the circumstance of Article 38 of the Labor Contract Law, the employee will leave directly without resignation.

During the probationary period, if the contract is signed, the company does not give the contract, and the employee should communicate with the company's personnel department in time and ask for the labor contract. If the employee still refuses to provide the labor contract after the request is made, the employee may file a complaint with the Labor Bureau or initiate arbitration to be handled by the Labor Dispute Arbitration Commission.

Article 48 of the Labor Contract Law of the People's Republic of China Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, and the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract can no longer be performed, the employer shall pay compensation in accordance with Article 87 of this Law. Article 87 of the "Legal Status of Labor Contracts of the People's Republic of China" If an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the employee in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.