It s almost the National Day, and the company wants me to leave before the probation period expires,

The probation period is originally a period of time for employees to inspect and let employees and the company understand each other, if the company thinks that you are eligible, then it is understandable to let you go, and it is difficult to ensure your rights and interests. So there are only two things you can do now: one is to do a good job during the assessment and let them keep you; Another is that you don't pass the assessment, so take advantage of this long vacation to rest and adjust your state, and wait for the long vacation to come back to find a job.

The Labor Law stipulates that if it is proved that the company does not meet the company's employment requirements during the probationary period, the company may propose to terminate the labor relationship. However, you need to have a valid reason for the certificate, for example, you did not clock in at work, and there is a certificate of clock-in record.

I think it's that you're thinking too much, and if you sign a 3-year contract, a 6-month probationary period is justified. But it's too long for job hunting, generally up to 3 months, I think your leader wants to give you a regular in advance, after all, the probationary period is legitimate for new employees, and it is also the only certificate for regularization. Rest assured!

The Mid-Autumn Festival and National Day are not long, so it's okay to take a break. Now, as long as you work hard and are willing to learn, you are not afraid of not finding a job. The probation period itself is a run-in period, whether it is difficult for your leader to serve or you really do not meet the company's requirements, this right is really difficult to claim.

Legal analysis: During the probationary period, as long as the company is notified three days in advance and the work is handed over, even if the company does not let the employee leave, the employee can leave the company, and the company should also pay the salary due during the probationary period. If the company refuses to leave after submitting an application for resignation, it can file a complaint with the labor inspection brigade or apply for labor arbitration.

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

Article 50 The employer shall, upon dissolution or termination of the labor contract, issue a certificate of dissolution or final termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days. The worker shall handle the handover of work in accordance with the agreement between the two parties. If the employer shall pay the employee economic compensation in accordance with the relevant provisions of this Law, it shall be paid at the time of the handover of the work.

The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.

Article 89 Where an employer violates the provisions of this Law by failing to issue a written certificate of dissolution or termination of a labor contract to a worker, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

Legal analysis: During the probationary period, the employee's resignation is handled in three situations:

1. If the employer has any of the circumstances stipulated in Article 38 of the Labor Contract Law, it may leave immediately after terminating the labor relationship without the approval of the employer, and may request the payment of the remaining wages and economic compensation (one month's salary for every one year of service) and go through the resignation procedures;

2. According to the Labor Contract Law, the written resignation is submitted 30 days in advance, and the resignation can be made without the approval of the employer. Among them, the probationary period is proposed in writing 3 days in advance; The employer is obliged to settle the salary and go through the resignation procedures.

3. If the employer does not submit the resignation 30 days in advance, and the employer does not have the circumstances stipulated in Article 38 of the Labor Contract Law, it is illegal to directly submit the resignation letter and leave, and the employer can claim to bear the direct economic losses and recruitment expenses caused to the employer. It is generally recommended that the employee can mail the notice of termination of the employment relationship to the employer by courier or ** letter, so as to facilitate the preservation of evidence. If the employer does not pay wages or does not go through the resignation procedures for the employee, the parties concerned may apply for labor arbitration to resolve the issue.

Article 37 of the Labor Contract Law of the People's Republic of China stipulates that an employee 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 of the Labor Contract Law of the People's Republic of China stipulates that if an employer falls under any of the following circumstances, the employee may terminate the labor contract:

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 employees;

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 employee may terminate the labor contract as provided by laws and administrative regulations. If the employer forces the employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates the command of the dust seal and forces the employee to perform risky work and endangers the employee's personal safety, the employee Xiangchan may terminate the labor contract immediately without prior notice to the employer.

If this factory doesn't work, you can go to the next factory to do it, and you won't be afraid to do it.

1. If you have not signed a labor contract, you can leave immediately after your resignation in writing, and in addition to asking the unit to pay your salary and deposit, you can also claim economic compensation, double salary from the second month, and social security payment; If the negotiation fails, you can apply for labor arbitration, which is counted from the time you leave the company, and the labor arbitration statute of limitations is one year!

3. The key is to have evidence of an employment relationship between you and the employer. For example, tooling with the company's name, work card or work card (preferably stamped with the official seal), salary card, salary slip, attendance record, social insurance payment record, colleague testimony (resignation and employment are acceptable), audio and video recordings or other documents with your name and official seal, etc. (including the work card with the official seal, social insurance payment records, documents with your name and official seal, one is enough to prove the labor relationship).

See Article 10 of the Labor Contract Law: A written labor contract shall be concluded to establish an employment relationship.

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 82 Where an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.

During the probationary period, you can give three days' written notice.

You submit a resignation application in writing and indicate that you will leave the company in three days, and ask the company to assist in the resignation procedures and retain the evidence of human resources acceptance.

Three days later, you go to the Human Resources Department to resign and ask for a payroll in person.

If the company does not agree, you can apply for arbitration again to the labor arbitration commission.

The probationary period only needs to submit a resignation application to the company 3 days in advance, and the company agrees not to agree that it is the company's behavior, and it is also the company's business to find no one to top, and it has nothing to do with the resignation. If the company does not let you go, then call 12333 to complain to the labor bureau, or you can go directly to the labor bureau to complain, there is no labor contract, and the salary from the second month can also require the company to pay twice the salary, resign three days in advance, and the company will apply for labor arbitration if the company does not pay the salary, which is a bit time-consuming. Remember to keep valid evidence that you work for the company.

The probationary period is three days before resignation; Ignore it, and if you're worried, you can wait until you're paid.

Didn't you sign a probationary contract? Generally, the probationary period is 3 days in advance to talk to the personnel, you can also get the salary and then leave, you can discuss the personnel, wait a few more days, no more than 1 month, if you finish leaving the next day, and your position is you alone, it may affect the company, whether you sign the contract or not, the salary must be given, you can consult the local labor management department.

If you are still on probation, you can resign 3 days in advance, and even if you don't approve it, you can leave after 3 days. This provision in the Labor Code.