Probationary contract, how to protect your legitimate rights and interests if you are dismissed

Decree of the President of the People's Republic of China

Sixty-five.

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith.

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.

Therefore, your three-month probationary contract is illegal, unfair and unequal, although you signed it, but it was signed without your knowledge, and the contract signed by the enterprise should be invalid if it does not comply with legality, fairness and equality. The compensation after dismissal should be:

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.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

You can go to the labor inspection brigade of the local labor bureau to handle it.

We don't have a contract for the probationary period yet. What can I do in a month? I think it's better to toss this with the company than for me to work a month in the morning. Save a lot of trouble.

It is recommended to negotiate with the company first, and then go to the labor bureau where the company is located for arbitration.

Summary. Hello, if you are dismissed during the probationary period, you can take the following measures to protect your rights and interests:1

Request the company to provide a written notice of dismissal: Require the company to issue a written notice of dismissal, and explain the reason and procedure for dismissal, as well as your labor rights and economic compensation due in the notice of dismissal. 3.

Conscientiously protect your rights and interests: If the company violates the relevant regulations or procedures, you can complain to the labor inspection department and report it, or you can protect your legitimate rights and interests through legal channels. 4.

Negotiate a dispute: If you believe that the company's dismissal has been inappropriate, you can negotiate with the company to resolve it. If the parties cannot reach an agreement, the dispute may be resolved through mediation, arbitration or litigation.

It is important to note that it is not necessarily illegal to be fired during the probationary period, but the company must comply with the relevant regulations and procedures. If the company violates the relevant regulations and procedures and causes your interests to be harmed, you can protect your rights and interests through legal channels.

Hello, I was dismissed during the probationary period, not because of my incompetence.

Today I consulted with personnel, but the consultation did not pass.

What do they say is the reason?

Hello, if you are dismissed during the probationary period, you can take the following measures to protect your rights and interests:1Check the employment contract and company rules and regulations:

Require the company to issue a written notice of dismissal, and explain the reason and procedure for dismissal, as well as your labor rights and economic compensation due in the notice of dismissal. 3.Conscientiously protect their own rights and interests:

If you believe that the company's dismissal has been inappropriate, you can negotiate with the company to resolve it. If the parties cannot reach an agreement, the dispute may be resolved through mediation, arbitration or litigation. It is important to note that it is not necessarily illegal to be fired during the probationary period, but the company must comply with the relevant regulations and procedures.

If the company violates the relevant regulations and procedures and causes your interests to be harmed, you can protect your rights and interests through legal channels.

I was told this morning to talk to me about work, and I was not notified in advance, and then I was asked to sign a resignation application in the morning, and then I got the resignation application back.

This should have been notified in advance.

Then tell me that I don't have to come to work tomorrow after going to work, and please ask me what materials I need to prepare.

I have gone through the labor process at the Shenzhen Personnel Bureau today and asked for negotiation.

Hello, did they tell you that they were going to be accepted?

Yes. Hello, now this situation can only wait for them to intervene.

What specific reasons did the company say that made you leave? Or is there no reason for you to get straight to it?

Legal analysis: 1. The company is required to continue to perform the labor contract.

2. Require the company to compensate for losses.

Legal basis: Article 98 of the Labor Law of the People's Republic of China An employer shall be liable for compensation if it terminates a labor contract in violation of the provisions of this Law and causes damage to the employee. These include:

1) If the loss of the employee's wage income is caused, the employee shall be paid according to the employee's own salary income, and 25% of the due wage income shall be compensated;

2) If the loss of labor protection benefits is caused, the labor protection allowance and supplies of the worker shall be supplemented in accordance with the provisions of the state;

3) In the event of a loss of work-related injury or medical treatment to a worker, in addition to providing work-related injury and medical treatment to the worker in accordance with national regulations, the worker shall also be compensated with 25% of the medical expenses;

4) In addition to the medical treatment provided during the period of ** in accordance with the provisions of the state, the compensation equivalent to 25% of the medical expenses shall also be paid for the damage caused to the health of female employees and juvenile workers;

5) Other compensation expenses stipulated in the labor contract.

If the employer terminates the employment contract without cause during the probationary period, the act is illegal and needs to bear certain legal liabilities.

Summary. Legal basis: Article 79 of the Labor Law of the People's Republic of China provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration.

One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

Hello, legal analysis: how to protect your rights and interests if you are dismissed during the probation period: the two parties can negotiate and deal with it, and sign the relevant resignation certificate or termination of the labor contract agreement after consensus; You can report to the labor inspection brigade or the labor bureau or apply for mediation, or apply to the labor arbitration commission for labor arbitration, and if you are not satisfied with the arbitration result, you can also file a lawsuit with the court.

Legal basis: Article 79 of the Labor Law of the People's Republic of China provides that after a labor dispute occurs, the parties may apply to the labor dispute mediation committee of the unit for mediation; If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration.

If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.