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Anonymous users2024-02-10During the probationary period, the employer may terminate the labor contract on the grounds that it does not meet the employment adjustment requirements, and does not need to pay economic compensation.
Labor Contract Law [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;
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Anonymous users2024-02-09The probationary period is not compensated, though. According to the relevant laws and regulations, if the employee is proved to be ineligible for employment during the probationary period, the employer may dismiss the employee without financial compensation. The key to terminating an employee's contract during the probationary period is to prove that the employee does not meet the employment requirements.
This is also a right granted by law to employers to dismiss employees during the probationary period, and employers should pay full attention to this and use it flexibly.
The same employer and the same employee can only agree on a probationary period once. Where a labor contract is for the completion of a certain work task or the labor contract is for a period of less than three months, the probationary period must not be continued. The probationary period 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 of Hechain.
Legal basisArticle 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) 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 damage 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. Precession.
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Anonymous users2024-02-08Legal analysis: It depends on the reason for dismissal. According to the provisions of the Labor Contract Law of the People's Republic of China, if an employee is dismissed during the probationary period if he does not meet the employment requirements, the employer does not need to pay economic compensation, but must pay the corresponding wages.
If the employer dismisses the employee illegally, it needs to pay the employee the corresponding compensation according to the actual situation.
Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China.
Unilateral termination of the labor contract by the employer (negligent 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 damage 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 Article 26 of the Labor Contract Law of the People's Republic of China, the first paragraph of the Labor Contract Law of the People's Republic of China, and the Labor Contract Law of the People's Republic of China;
6) Those who have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-02-07Legal Analysis: No. Therefore, if the employee fails to pass the assessment during the probationary period, it means that he is not suitable for the position, and the employer may not approve the employee's regularization, so it can also terminate the labor contract relationship between the two parties, which is a legal termination, and therefore there is no compensation.
The law clearly stipulates that if it is proved that the employer does not meet the employment requirements during the probationary period, the employer may dismiss without economic compensation.
Legal basis: Article 25 of the Labor Law of the People's Republic of China The employer may terminate the labor contract if the employee has 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) They have been pursued for criminal responsibility in accordance with law.
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Anonymous users2024-02-06Legal analysis: If there is no compensation, according to the law, if the employee is proved to be ineligible for employment during the probationary period, the employer does not need to pay economic compensation for the dismissal of the employee.
Legal basis: Labor Contract Law of the People's Republic of China
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 damage 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.
Article 46 Under any of the following circumstances, the employer shall pay economic compensation to the worker: (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 terminates the labor contract through consultation with the employee; (3) The employer terminates the labor contract in accordance with the provisions of this Law or Article 40; (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 raises the conditions for the renewal of the labor contract and the employee does not agree to renew the labor contract; (6) Terminating 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.
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Anonymous users2024-02-05Legal Analysis: There is compensation for dismissal if you do not make a mistake during the probationary period. If it is proved that the employer does not meet the employment requirements during the probationary period, the employer may dismiss him without economic compensation.
Legal basis: Labor Law of the People's Republic of China
Article 20 The term of a labor contract is divided into a fixed term, an indefinite term, and a term for the completion of a certain amount of work. If an employee has worked for the same employer for more than 10 consecutive years and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite labor contract, the labor contract shall be concluded with an indefinite term.
Article 21 The labor contract may stipulate the period of trial assignment. The probationary period shall not exceed a maximum of six months.
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Anonymous users2024-02-04Legal Analysis: There is compensation for dismissal if you do not make a mistake during the probationary period. If it is proved that the employer does not meet the employment requirements during the period of trial imitation, the employer may dismiss without economic compensation.
Legal basis: Labor Law of the People's Republic of China
Article 20 The term of a labor contract is divided into a fixed term, an indefinite term, and a term for the completion of a certain amount of work. If an employee has worked for the same employer for more than 10 consecutive years and both parties agree to renew the labor contract, if the employee proposes to conclude an indefinite labor contract, an indefinite labor contract shall be concluded. With big hands.
Article 21 A probationary period may be stipulated in a labor contract. The probationary period shall not exceed a maximum of six months.
There are three types of situations in which the employer dismisses or terminates the labor contract: 1. If the employee falls under Article 39 of the Labor Contract Law, the employer is not required to notify the employee 30 days in advance and is not required to pay economic compensation; 2. If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. 3. If the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
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