Can I ask for my salary if I am dismissed by the employer during the probationary period?

Were you assigned by your school to do an internship at a bank?

If so, you do not belong to the labor relationship, and the labor law does not matter.

If you work in a bank after graduation, then you belong to the labor relationship, and it is obviously illegal to not pay wages during the probationary period of three months. The internship contract you signed is equivalent to a one-year employment contract, and if they dismiss you, you can fight for your rights according to the following actions:

1. Ask the bank to pay you the salary during your work in the bank before you are dismissed, and the payment standard is 80% of your salary after the probation period. (Article 20 of the Labor Contract Law).

2. Request to modify the probationary period, because the one-year contract probationary period shall not exceed one month, and your three-month probationary period is beyond the statutory probationary period. You can ask the bank to pay you your salary after the probationary period from the second month of your employment, as described in "1". (Article 83 of the Labor Contract Law).

1. Before January 1, 2008, the wages could no longer be claimed due to the provisions of the labor contract;

2. Since January 1, 2008, the Labor Contract Law has come into effect, and according to the new law, the salary during the probation period shall not be less than 80% of the minimum wage for the same position or the wage agreed in the labor contract, and shall not be lower than the local minimum wage standard (please refer to Article 20 of the Labor Contract Law);

3. The reasons for the termination of the labor contract during the probation period shall be explained to the employee (see Article 21 of the Labor Contract Law);

4. The contract was established before the promulgation of the new law, and the validity of the contract is governed by the Labor Law, so it is valid; However, as of January 1, 2008, the provisions in the contract that conflict with the Labor Contract Law will automatically become invalid and may be amended and supplemented by the employer and the employee through negotiation. At the same time, the new law also applies to labor disputes arising from contracts.

It's completely okay, then he will break the law, who said that the "trial" is gratuitous, this is basic common sense, since the company does not intend to give, then such a company does not stay.

Yes, legally, in reality, the boss who lacks morality will not give it.

You are probationary and have signed a contract with no salary, how can you ask for a salary --- what is the salary standard?

The salary standard is not less than 80% of the normal salary, you can ask him for it, and the probationary period stipulated in the internship contract without salary is invalid.

Yes, it is stated in the interest law and the commercial law, yes.

Legally, yes, but it's hard to say in real life.

You can look for labor arbitration to see if it can help you, and now arbitration is very convenient hehe.

Legal Analysis: There is a salary. According to the provisions of the relevant laws, the employee may terminate the employment relationship during the probationary period according to his own circumstances, and the employer may not give economic compensation to the employee if he or she resigns, but shall still pay the corresponding wages according to the number of days actually worked by the employee during the probationary period.

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

Article 38 An employee 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 provided for 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.

Article 74 The local people's labor administrative departments at or above the county level shall supervise and inspect the following situations in accordance with the law:

1) The employer's formulation of rules and regulations directly related to the vital interests of workers and their implementation;

2) The conclusion and termination of labor contracts between the employer and the employee;

3) The compliance of labor dispatch units and employing units with the relevant provisions on labor dispatch;

4) The employer's compliance with the national regulations on working hours, rest and leave for employees;

5) The employer's payment of labor remuneration as stipulated in the labor contract and the implementation of the minimum wage standard;

6) The employer's participation in various social insurances and payment of social insurance premiums;

7) Other labor inspection matters stipulated by laws and regulations.

1. If the employee is dismissed during the probationary period, the employer may be required to settle the salary immediately and settle it at one time. 2. Legal basis: Article 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Article 46 of the Labor Law of the People's Republic of China stipulates that the principle of distribution according to work shall be followed, and equal pay for equal work shall be implemented. Article 48 of the Labor Law of the People's Republic of China stipulates that the State implements a minimum wage guarantee system. The specific standard of the minimum wage shall be prescribed by the people's government of the province, autonomous region and municipality directly under the Central Government, and shall be filed with the imitation of nuclear ***.

The wages paid by the employer to the employee shall not be lower than the local minimum wage.

The company has to pay wages. First of all, we must understand a problem, that is, if the employee is dismissed during the probationary period, then the employer must pay wages, if the employee provides actual labor, but the employer does not pay the wages, in this case, you can directly apply for the corresponding labor arbitration, or directly file a corresponding lawsuit with the court to protect your legitimate rights and interests.

1. Have a salary

First of all, we must understand a problem, that is, if an employee is dismissed during the probationary period, the company must pay wages, and absolutely cannot withhold payment, because according to Article 30 of the Labor Law of the People's Republic of China, the employer must pay the employee full labor remuneration in accordance with the labor contract and national regulations. Therefore, both the company and the employer must comply with the laws and regulations of the country, and must pay the full salary to the employees during the probation period.

2. Defend yourself

When employees are dismissed by the company during the probationary period, they must bravely defend their rights, if the company or the employer infringes on their legitimate rights and interests, then do not choose to remain silent and must use the law to protect themselves, directly to the company's senior management to put forward their own litigation requirements, and at the same time can directly negotiate with their own relevant leaders, asking for their own salary payment, In addition, the salary of the employee during the probationary period shall not be lower than the minimum wage of the same position in the unit or 80% of the salary agreed in the labor contract, which is clearly stipulated.

3. Laws

We must understand that when the employee and the employer only sign the labor contract, then they must pay the corresponding wages in accordance with the relevant provisions of the corresponding labor contract, and in the process of signing the labor contract, there must be clear provisions on the corresponding wages and remuneration during the probation period and the corresponding circumstances, so that in order to protect the legitimate rights of the employee, the formally signed contract has legal obligations, so it is necessary to comply with laws and regulations.

At the same time, if the employer is in arrears or fails to pay the labor remuneration in full, the employee can directly apply to the local court for the corresponding payment order, so whether the company suffers a loss or the employer must abide by the laws and regulations of the state, and must pay the full amount of wages to the employee during the probation period.

No, employees are protected by law during the probationary period, and they need to sign the corresponding labor contract law, and the company cannot refuse to pay wages to employees.

Of course not, such behavior is particularly incorrect, and even if you are dismissed during the probationary period, you should pay your salary.

No, even during the probationary period, wages will be paid to protect the interests of employees.

Summary. Hello, if you are dismissed and pay your salary during the probationary period, you can find the company to settle the salary according to the contract. In China, the wages of relevant probationary personnel should be actively paid at the time of dismissal, and they should be handled in accordance with labor laws, and the wages can be settled immediately after dismissal.

If the employer refuses to pay it, it should file a complaint with the local labor inspection department to legally protect its legal rights and interests. <>

Hello, if you are dismissed and pay your salary during the probationary period, you can find the company to settle the salary according to the contract. In China, the wages of the relevant probationary personnel should be actively paid at the time of dismissal, and they should be handled in accordance with the labor law, and the wages can be calculated immediately after being dismissed. If the employer does not pay, the relevant party should actively ask for such wages, and if the employer does not pay, they should file a complaint with the local filial piety labor inspection department to legally protect their legal rights and interests.

Hello, according to the relevant provisions of the Labor Contract Law of the People's Republic of China, the salary of the employee during the probationary period shall not be less than the minimum wage of the same position in the unit or 80/100 of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. <>