Is it legal to dismiss an employee in the last week of the probationary period because of higher job

Legally, theoretically speaking, during the probationary period, the employer can dismiss the employee by "not meeting the requirements", after all, the buffer between the employer and the employee during the probationary period, and either party can propose to terminate the labor relationship if they are not satisfied. Since the employer is not satisfied with you, you should find another position.

Legitimate. This is told to you during the probationary period, and it is normal to not exceed the probationary period, even if it is on the last day of the probationary period to inform you that you are not suitable for the position, it is okay, and it is definitely okay a week in advance. Hope.

OK. During the probationary period, the employer can dismiss the employee by "not meeting the requirements". The Labour Code provides for this:

Article 21 A probationary period may be stipulated in a labor contract. The probationary period shall not exceed a maximum of six months.

Article 25 The employer may terminate the labor contract if the worker falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period;

It is not legal, and there are provisions in the labor law to deal with such unscrupulous employers.

It's not like before when a certain Feng tried to work for three days (no money). If you have time, you can go to 58 to go around, and there are more opportunities.

How to say it, you can dismiss employees for any reason, the probation period is even more, you don't even have to pay compensation, take all your wages and leave, hurry up and find your next home, now that it's a recession, you have to hurry.

This must be unreasonable, this reason is not a reason to dismiss an employee!

Article 39 of the Labor Contract Law 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;

He needs to prove that you "proved to be ineligible for employment during the probationary period", but what is usually this "employment condition"? I may have said it when I hired you in an interview, but I don't have a written document. Of course, if the probationary period is three months or six months, it may be a bit problematic to do so.

If you feel that it is not legal, you can also go to labor arbitration to apply for arbitration.

In arbitration, if the company proves that you do not meet the employment requirements, how can you prove that you meet the employment requirements? This matter, it is estimated that even if it is arbitration, they will let the two of you mediate first, that is, the two parties will negotiate.

Whether or not it is legal to be dismissed on the last day of the probationary period depends on the following:

1. If the employee is in the probation period and the company proves that he does not meet the employment conditions, the contract is terminated legally;

2. However, if the company dismisses without reason, it is illegal, and it is necessary to compensate the employee financially.

Severance shall be paid to the worker according to the number of years of service in the employer 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.

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, 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.

Dismissal on the grounds of a large number of people is an illegal dismissal and you can claim financial compensation.

During the probationary period, if the company proves that it does not meet the employment conditions, the contract can be terminated. If you do not meet the company's employment conditions during the probationary period, you can be dismissed, but if the company dismisses you without reason, it is illegal and you need to compensate the employee. During the probationary period, the employer may formulate evaluation indicators to assess whether the employee is competent for the job.

If the employee is incompetent for the job, the employer may unilaterally and legally terminate the employment contract on the grounds that the employee does not meet the employment requirements during the probationary period without paying compensation. Legal basis: Article 39 of the Labor Contract Law provides that the employer may terminate the labor contract if the employee 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) As provided for in item (1) of paragraph 1 of Article 26 of this Law.

Advance notice is not required to dismiss an employee during the probationary period, but the employer is required to inform the reason for terminating the labor contract on the grounds that the employee does not meet the employment requirements during the probationary period.

According to Article 21 of the Labor Contract Law of the People's Republic of China, during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

The Labor Contract Law does not stipulate that the employee must be notified a few days in advance to terminate the employment contract during the probationary period, but only stipulates that the employee must notify the employer three days in advance of the resignation. Article 37 of the Labor Contract Law 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 40 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and cannot perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Three days in advance.

Whether the employer has evidence to prove that the employee does not meet the employment requirements. If there is no evidence or the evidence is insufficient, the employer cannot dismiss the employee on the grounds that he or she does not meet the employment requirements.

As for the sufficiency of evidence, in practice, it mainly depends on whether the employer has described the job functions and requirements of a certain position, and whether the employer has objectively recorded and evaluated the employee's performance during the probationary period.

For employees who do not meet the employment requirements during the probationary period, the enterprise may terminate the labor contract; If the probationary period is exceeded, the enterprise cannot terminate the employment contract on the grounds that it does not meet the employment conditions during the probationary period.

Therefore, once the probationary period ends, the employer cannot dismiss the employee on the grounds that the employee does not meet the employment requirements during the probationary period, and can only terminate the employment contract in accordance with the provisions of the employment contract or the provisions of the Labor Law.

Pursuant to Article 40 of the Labor Contract Law

The employer shall notify the employee in writing 30 days in advance to terminate the labor contract.

Regardless of whether it is during the probationary period or not, or whether it is signed an employment contract.

The dismissal of an employee during the probationary period shall not violate Article 40 of the Labor Contract Law

The worker is not competent for the job

After training or transfer, if the worker is still incompetent for the job, the worker can be dismissed

In accordance with Articles 46 and 47 of the Labor Contract Law, the employee shall be given economic compensation.

Whether or not dismissal on the last day of the probationary period is legal depends on the circumstances.

The probationary period is the probationary period agreed between the employer and the employee to get to know each other during the term of the employment contract. During the probationary period, the employee may terminate the labor contract by notifying the employer three days in advance, and the employer shall not impose restrictions. However, the employer must meet the statutory conditions for terminating the employment contract during the probationary period.

If the employer terminates the labor contract on the grounds that "the employee is proved to be ineligible for employment during the probationary period", the following points must be met.

1. First of all, both parties should sign a labor contract and agree on a probationary period in accordance with the law.

2. Secondly, the employer must have legal and clear employment conditions. The employment conditions are the final conditions for the employer to determine the employees to be hired. Recruitment conditions can be relatively simple to attract more candidates to the employer for interviews.

The employment conditions should be as strict and perfect as possible, and mainly focus on the assessment of ability, and be more operable and tolerant. Recruitment conditions should not replace employment conditions, and law enforcement agencies may treat recruitment conditions as employment conditions when there are only recruitment conditions but no explicit employment conditions. In order to make the employment conditions operable, it is best to clarify the assessment basis and assessment method at the same time.

3. The employer has informed the employee of the employment conditions. The employer may stipulate the employment conditions for the job requirements in its employee handbook and other labor rules and regulations, and may also clearly stipulate the employment conditions for a certain position in the employment contract. Employers are obliged to clarify the "employment conditions" to employees at the time of recruitment or after hiring, so employers should complete the necessary formalities for signing for the employment.

4. Before the expiration of the probationary period, the employer shall have specific assessment behaviors and obtain objective assessment results. In the process of evaluating employees during the probationary period, the employer should not only make the probationary appraisal form, but more importantly, let the new employees complete the appraisal in a fair and just environment.

5. The dismissal decision must be made before the expiration of the probationary period, and the dismissal notice shall be effectively delivered to the employee himself before the expiration of the probationary period. Rotten.

Labor Contract Law of the People's Republic of China Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer 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.

According to Article 39 of the Labor Contract Law, 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, committing fraud for personal gain, causing major harm 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 40, Paragraph 1: A worker who is sick or injured not due to work-related injuries is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired.

Article 40, Paragraph 2: A worker is incompetent for his or her job, and he or she is still incompetent for his job after training or job adjustment.

Except for the above-mentioned circumstances, the employer shall not terminate the employment contract during the probationary period.

As long as you are dismissed during the probationary period, it is legal, and the company recognizes that you do not meet the recruitment requirements and is reasonable to be dismissed, but the probationary period is still imitated, and you should be paid.

It is still a probationary period, and it is estimated that no formal labor contract has been signed, or the probationary period requirements have been signed but the contract is specified. Legitimate.

As long as you have not passed the probationary period, the company can prove that you do not meet the employment requirements and can be dismissed.