During the probationary period, if you are not dismissed for your own work, whether you should recei

Unless the employer proves that the employee has any of the circumstances set forth in Article 39 of the Labor Contract Law, the employer shall terminate the labor contract in accordance with the law and shall pay severance compensation. If the employer terminates the labor contract in violation of the law, it is required to pay compensation at twice the amount of the severance payment. The amount of severance shall be calculated in accordance with Article 47 of the Labor Contract Law.

In accordance with the Labor Contract Law

Article 39 The employer may terminate the labor contract if the worker 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.

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 Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Terminating a 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.

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.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.

Hello! How much salary do you get for working every day, and the company has the right to dismiss employees during the probation period, and you can continue to ask about the future if you don't understand.

Legal analysis: unreasonable, the employer dismisses the employee during the probationary period because the employer believes that the employee is not qualified for the job, does not have a formal contract, and is not officially hired. If the settlement is not made on the same day, you can apply to the labor bureau for mediation.

Legal basis: Interim Provisions on Payment of Wages Article 9 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 a lump sum when the labor contract is dissolved or terminated.

If the employee is proved to be ineligible for employment during the probationary period, the employer may terminate the labor contract. The employer must prove that the employee does not meet the employment requirements, first of all, it must clarify their employment conditions at the time of recruitment or when signing the labor contract; Secondly, during the probationary period, there should be a strict and continuous assessment to prove whether the worker meets the employment conditions. Therefore, the employee can say no to the employer's arbitrary dismissal of the employee during the probationary period, and even if the employee and the employer go to court, the risk of losing the lawsuit lies with the employer.

If an employer is allowed to dismiss an employee at will during the probationary period, that is, to terminate the high-quality labor contract with the employee without reason, it will inevitably cause damage to the interests of the employee and is obviously not conducive to protecting the legitimate rights and interests of the employee. Combined with the provisions of the Labor Contract Law and other laws, even during the probationary period, the dismissal of an employee by the employer must comply with the prescribed circumstances. Therefore, whether the probationary period can be dismissed without reason, the answer is no.

Labor Contract Law of the People's Republic of China

Article 39.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period and it is proved that they do not meet the requirements for employment;

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) Due to this Act.

Labor Contract Law of the People's Republic of China

Article 26.

The labor contract is invalid due to the circumstances specified in Item 1 of the first paragraph;

6) Those who have been pursued for criminal responsibility in accordance with law.

Legal analysis: It is possible to claim compensation from the company. During the probationary period, if the employer dismisses the employee, it shall pay severance according to the reason for the termination and the circumstances prescribed by law.

The relevant laws stipulate that under any of the following circumstances, the employer shall pay economic compensation to the employee: (1) the employee 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 Article 40 of this Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; (5) Except in the case where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 4 of Article 4 of this Law; [1] (7) Other circumstances provided for by laws and administrative regulations.

Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China shall pay economic compensation to the employee under any of the following circumstances: (1) the employee terminates the labor contract in accordance with 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 Article 40 of this Law; 4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law; 5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; 6) Terminating a labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law; [1] (7) Other circumstances provided for by laws and administrative regulations.

Lawyer's Analysis: Yes. If the enterprise does not settle the wages of the parties, it can apply for scattered labor arbitration.

Resignation during the probationary period requires 3 days in advance written notice to the employer. The law does not stipulate that resignation or dismissal within a few days can be paid without payment, regardless of whether a contract has been signed during the use period, there is a labor relationship that has been done beforehand, and the labor has been paid and the value has been generated, and wages should be paid in accordance with the law and reason. Dismissal means that it is the company's initiative to pay wages.

Generally, if a regular company dismisses an employee, even if it is only 3 days, the salary will be settled.

Article 37 of the Labor Contract Law of the People's Republic of China 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.

Interim Provisions of the People's Republic of China on Payment of Wages Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the employee's wages in a lump sum when dissolving or terminating the labor contract.