Whether it is illegal for the company to terminate the probationary contract on the grounds of polic

Illegal, according to you, did you sign a separate probationary period agreement without signing a formal employment contract?

If it is a probationary period agreement, then this agreement is null and void. Because the probationary period must be included in the term of the employment contract, the probationary period shall not be separately agreed.

Article 19 of the Labor Contract Law.

Paragraph 2: The same employer and the same employee can only agree on a probationary period once.

The probationary period in paragraph 4 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.

If the employer terminates the labor contract in violation of the law, the employee may claim that the employer shall pay compensation equal to twice the standard of severance payment.

Article 47 of the Labor Contract Law stipulates that economic compensation shall be paid to the employee 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.

Article 87 of the Labor Contract Law 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 stipulated in Article 47 of this Law.

Usually the contract is terminated during the probationary period, as long as there is a reason.

It depends on the specific situation and for what reason. It is recommended to ask the lawyer in detail about the situation through a legal partner.

Legal analysis: During the probationary period, the company cannot terminate the contract at will. The employer shall not terminate the labor contract unless the employee falls under any of the following circumstances during the probationary period:

During the probationary period, it is proved that they do not meet the employment requirements; Seriously violating the rules and regulations of the tenant unit; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Incompetent for the job, and still incompetent for the job after training or job adjustment; Other. Legal basis: 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 has 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. Article 39 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (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 unit, or refuses to make corrections after being raised by the employer; (5) The labor contract is invalid due to the circumstances provided for 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 contract cannot be terminated at will, which is clearly stipulated in the Labor Contract Law. If the employer does not have evidence to prove that the employee does not meet the employment requirements during the probationary period, the employer cannot terminate the labor contract, otherwise, it will have to bear all the legal consequences arising from the illegal termination of the labor contract. Article 40 of the Labor Contract Law stipulates that 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) The labor contract has undergone major changes in the objective circumstances on which it was concluded, 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.

Legal analysis: During the probationary period, the unit cannot terminate the contract at will. The employer may unilaterally terminate the labor contract if the employee falls under any of the following circumstances:

Those who have been pursued for criminal responsibility in accordance with law; During the probationary period, it is proved that they do not meet the employment requirements; Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer; Serious violation of the rules and regulations of the employer; Other.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China 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) 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 unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

No. During the probationary period, the employer shall not terminate the employment contract unless one of the following circumstances occurs: (1) the employee is proved to be ineligible for employment during the probationary period; (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 employee 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 use of 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; (6) Those who have been investigated for criminal responsibility in accordance with law.

Legal basis: Civil Code of the People's Republic of China

Article 562:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563:The parties may terminate the contract under any of the following circumstances: (1) the purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal Analysis: An employer may not terminate an employment contract at will during the probationary period. Chinese law stipulates that if an employee is proved to be ineligible for employment during the probationary period, the employer may terminate the labor contract.

It can be seen that during the probationary period, the employer has a prerequisite for terminating the labor contract with the employee, that is, it must be able to provide evidence to prove that the employee does not meet the employment requirements. Legal basis: Article 24 of the Labor Law of the People's Republic of China A labor contract may be terminated upon the agreement of the parties to the labor contract.

Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) it is proved that he does not meet the employment requirements during the probationary period; (2) Seriously violating labor discipline or the rules and regulations of the employer; (3) Serious dereliction of duty, malpractice for personal gain, causing major harm to the interests of the employer; (4) Those who have been pursued for criminal responsibility in accordance with law. Article 26 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 worker is sick or injured not due to work, and after the expiration of the medical treatment period, he is unable to perform his original job or work arranged by the employer; (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 original labor contract, and the parties cannot reach an agreement on the modification of the labor contract through consultation.