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You signed the contract, it should be stated in the contract! Generally, before the probationary period, I will tell you that there is no compensation to be recovered, and it stands to reason that the probationary period has not passed, but there should be a salary for the probationary period to be paid back to you. I guess you're on a three-month probationary period, if so, after the probationary period.
You can recover compensation. If he doesn't pay compensation, you can take the contract to the Labor and Social Security Bureau to fill out a form Use the labor law to recover compensation, and at least 80% of his local minimum wage!
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Irrationality. You should be compensated.
After the probationary period, you will be notified in writing 30 days in advance, and the severance compensation for less than six months of service is half a month's salary. Failure to give 30 days' notice shall result in an additional month's salary.
So you can claim compensation for one and a half months' salary.
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This is unreasonable, the probationary period expires on June 10, and the unit does not inform you that the probationary period is unqualified, then it will be regarded as automatic regularization, that is to say, on June 12, you are already a regular employee, and the unit cannot dismiss you on the grounds that the probationary period is unqualified, and you can continue to work in the company. As for compensation, you can go to the local authorities or find a lawyer for advice.
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Yes, you can be dismissed if you fail to meet the requirements during the probationary period. And there is no compensation. Employees can also leave the company during the probationary period without any prior notice or reason.
The problem is that there is no probationary period for regular units nowadays. How can there still be a probationary contract?? Have you been tricked?
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Legal analysis: At this time, it is necessary to give 3 days' notice, and if you resign after the regularization, then under normal circumstances, you need to notify the employer 30 days in advance. The employee's written notice to the employer 30 days in advance is not only a procedure for terminating the labor contract, but also a condition for terminating the labor contract.
The employee shall notify the employer in writing 30 days in advance to terminate the labor contract without the consent of the employer. If the employee submits to the employer for the termination of the labor contract after 30 days, the employer shall handle the formalities.
Legal basis: Article 31 of the Labor Law An employee shall notify the employer in writing 30 days in advance of the termination of the labor contract.
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1. The resignation of employees during the probation period needs to be a few days in advance.
1. Resignation during the probation period requires three days of notice to the company. Employees can leave their jobs after handing over their work, and employees can deal with them according to their actual situation and in accordance with the specific provisions of the probationary period of resignation, but if the company does not notify the company of the direct resignation and causes losses, the company has the right to pursue legal responsibility.
2. Legal basis: Article 37 of the Labor Contract Law of the People's Republic of China.
Employee may terminate the labor contract by giving 30 days' written notice to the employer. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.
Article 38.
Unilateral termination of labor contract by the employee] The employee may terminate the 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 specified 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.
If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer directs or forces the employee to perform risky work in violation of rules and regulations and endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.
2. What is the process of resignation?
1. The worker should write a letter of resignation. Grasp the reason for resignation, take the initiative to resign, no financial compensation, and no unemployment benefits; If the worker resigns unwillingly, he or she can enjoy economic compensation and unemployment benefits;
2. The worker should apply for resignation one month in advance, submit the resignation letter at the beginning of the month, and find the company to sign and agree;
3. The employee shall go through the resignation procedures according to the management of the company's personnel department, and may have to sign and agree with the manager of each department according to the resignation form;
4. After the work is handed over, the company's personnel department shall issue a certificate of termination of the labor contract, give the employee social security handbook and employee files, and settle the remaining wages.
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1. How many days in advance do I need to resign during the probationary period of the labor contract? If you resign during the probationary period, you need to notify the employer 3 days in advance to terminate the labor contract. There is no reason to leave the probationary period, as long as you tell the unit 3 days in advance, but it is better to do a good job of handing over the work, and it is more appropriate to resign after being approved by the leader.
Article 37 of the Labor Contract Law 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 9 of the Interim Provisions on Payment of Wages stipulates that when both parties to an employment 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.
Therefore, during the probationary period, as long as the employee notifies the employer three days in advance, the employee can terminate the employment contract with the employer, and the employer shall pay the employee's wages in a lump sum when terminating the employment contract. The Labor Contract Law stipulates that "an employee may terminate an employment contract by notifying the employer in writing 30 days in advance.
The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period. Article 20 The wages of a worker during the probationary period shall not be less than 80 percent of the minimum wage for the same post in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law.
If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. Although the employee is in the probationary period, his basic rights should also be protected, and some units often ignore the provisions of the Labor Contract Law and refuse to resign the employee during the probationary period, or require the probationary employee to submit a resignation application 30 days in advance to settle the labor contract like a regular employee, all of which are illegal, and the employee can protect his or her own interests in accordance with the provisions of the Labor Contract Law when encountering such a situation. In our country, in order to test whether the worker is suitable for the work requirements of the employer, the applicable period is stipulated, that is, during the probationary period, if the employee is reunited after the expiration of the work period, then he can continue to work, and during the probationary period, if he wants to resign, he also needs to be based on the duty of loyalty, a few days in advance, and generally three days in advance.
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Legal analysis: resignation during the probation period requires 3 days' notice to the employer to terminate the labor contract.
Legal basis: Labor Contract Law of the People's Republic of China
Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
Article 10 A written labor contract shall be concluded for the establishment of labor relations. 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 36 The employer and the worker may terminate the labor contract if they reach a consensus through consultation.
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If the first probationary period does not exceed the limits established by law, an extension can be negotiated.