If the probationary period has not expired, does the company need to compensate for terminating the

If the probationary period has not expired, if the employee is terminated by the employee due to the employee's compliance with Article 39 of the Labor Contract Law, the company does not need to compensate the employee. If the dismissal of an employee falls under Article 46 of the Labor Contract Law, the employer is required to compensate the employee with severance compensation. The specific amount of compensation is related to the number of years of service of the employee.

Article 39 of the Labor Contract Law provides that an employer may terminate a labor contract if an 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.

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) 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 improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;

6) Termination of 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.

Article 47 Economic compensation shall be paid to the laborer according to the standard of one month's salary for each full year of the worker's service in the unit. 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 probationary period is two months, and I signed a formal labor contract for one year, and now I have done it for a month and a half, and now the company requires the termination of the labor contract, is it legal? Do I need compensation? Added:

How do I get compensation? How much should I be compensated? Please give me the legal provisions, how do I get everything back from the employer?

According to Article 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.

If the company can prove that you did not meet the requirements of the job during the probationary period (which is good for the company), the company does not need to pay you any financial compensation for the redundancy. Otherwise, the company shall pay you compensation, which shall include one month's compensation without 30 days' notice, and the monthly compensation you can receive if you have worked for the company for less than half a year, for a total of one month's salary compensation.

As for the National Day overtime pay, according to the regulations, it is necessary to give compensation of 3 times the salary, but most companies do not implement it, and it is generally difficult for you to want it, unless you ask for labor arbitration or file a lawsuit.

Legal analysis: If the company proposes to terminate the labor contract before the probationary period expires, the employer does not need to pay economic compensation if it is a negligent dismissal; In the case of no-fault dismissal, the employer is required to pay economic compensation.

Legal basis: Article 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.

Legal analysis: If the company proposes to terminate the labor contract before the probationary period expires, the employer does not need to pay economic compensation if it is a negligent dismissal; In the case of no-fault dismissal, the employer is required to pay economic compensation.

Legal basis: Article 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, or accompanying 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 provided for in Item 1, Paragraph 1 of Article 26 of this Law;

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

The termination of an employment contract during the probationary period usually occurs under the following circumstances:

1. The enterprise shall pay compensation for the illegal termination of the labor contract, and the amount of compensation is twice the amount of economic compensation, and during the probationary period, it must be less than six months, and the economic compensation is half a month's salary, and the final amount of compensation is one month's salary.

2. If the employee submits to resign, the enterprise does not need to pay compensation.

3. If it is proved that the employee does not meet the employment conditions during the probationary period, the enterprise can terminate the labor contract without paying compensation;

4. If the worker signs a labor contract with another company without terminating the labor contract with the enterprise, then the newly signed labor contract is an invalid contract, and if the enterprise suffers losses, the worker shall also bear the corresponding legal liability for compensation, and if the new company knows that the worker and the enterprise have not terminated the labor relationship and still signed a contract with the employee, then the company shall also bear joint and several liability for compensation.

1. Can I resign after signing a labor contract during the probation period?

It can be a paulownia. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

Labor Contract Law

Article 37 [Termination of Labor Contract by Advance Notice] A worker 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 3: [Basic Principles] 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.

2. What are the circumstances under which an employer may legally dismiss him/her?

If the employee falls under the circumstances stipulated in Article 39 of the Labor Contract Law, the employer has the right to terminate the contract in advance without paying any severance or prior notice. These legal dismissal situations mainly include:

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.

This is to look at the company, each company will have its own company rules, the probation period is generally 3 months, if you do less than a week, the company may not compensate, if it is 2 months, then the company will pay the corresponding two months of wages.

If the probationary period has not expired, the company will pay compensation for dismissal

1. During the probationary period, if the employee proves that he does not meet the employment conditions, the employer dismisses the employee and does not need to pay economic compensation.

2. Article 39 of the Labor Contract Law stipulates that 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.

During the probationary period, the labor contract for the probationary period must be signed, and social insurance should be paid for the employee. If the probationary contract is not signed, the employer shall unilaterally terminate the de facto employment relationship between the two parties, and the employer shall compensate the employee. If you have worked for less than one year, you will be compensated for one year's salary.

In addition, if a one-year contract is signed, and more than one year has passed, the employer still does not renew the contract with the employee and dismisses the employee, then two months' wages must be compensated. If the contract expires and neither party thinks of renewing it, then if the employee requests to renew, the employer must sign a labor contract with the employee for at least another year. If the employee does not want to renew the visa, he or she can go through the termination procedures.

According to the provisions of the Labor Law, a probationary period of not more than 6 months may be stipulated in the employment contract. If the term of the labor contract is less than 6 months, the probationary period shall not exceed 15 days; If the term of the labor contract is between 6 months and less than 1 year, the probationary period shall not exceed 30 days; If the term of the labor contract is between one and two years, the probationary period shall not exceed 60 days. The Notice of the Beijing Municipal Labor Bureau on Several Issues Concerning the Implementation of the Labor Contract System issued by the Ministry of Labor clearly stipulates that when an employer agrees on a probationary period in accordance with Article 3 of the Notice on Several Issues Concerning the Implementation of the Labor Contract System, the term of the labor contract shall be less than 6 months, less than one year and less than two years, including 6 months, one year and two years respectively.

To sum up, according to the provisions of the labor law, both parties have the right to resign or dismiss each other, but when you dismiss the other party, you need to fully explain that the other party does not meet the standards of our company. It also stipulates the question of whether the company will be compensated for dismissal before the probation period has passed, indicating that there is no compensation, and for most people, they are looking for another company, and you do not meet our employment standards for the time being.

If the company proposes to terminate the labor contract before the probationary period expires, the employer does not need to pay economic compensation if it is a negligent dismissal; In the case of no-fault dismissal, the employer is required to pay economic compensation.

1. Dismissal of employees for an indefinite period of time.

If the employee is negligently dismissed by the employer due to personal reasons, the employer does not need to compensate; If the employee is dismissed unilaterally by the company department, and the employee is not at fault, the employee shall be paid an additional month's salary of 10,000 yuan, and shall also be compensated for economic compensation, according to the employee's working years in the unit, and the compensation shall be based on the standard of paying one month's salary for each full year, and if the working time is more than six months but less than one year, it shall be calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

2. Is there any compensation for forced resignation?

1. If the employee is at fault or incompetent for the job, the employer does not need to pay any economic compensation to the employee if the employee terminates the labor relationship, nor does it need to notify the departing employee 30 days in advance; However, this requires the employer to provide evidence and notify the departing employee in writing to terminate the employment relationship.

2. If the employer terminates the labor contract through negotiation with the employee or dismisses the employee without fault, the employee shall be paid N months of economic compensation, that is, one month's salary for every full year of work; If one month's notice is not given, an additional one month's salary shall be paid in lieu of notice. If the employer illegally dissolves or terminates the labor contract, it shall pay double the severance payment, that is, 2n months' salary.

3. The specific calculation of dismissal compensation under the Labor Law.

Calculation of compensation for dismissal under the Labor Law: In the case of non-fault dismissal, the employer shall pay economic compensation, which shall be calculated according to the number of years the employee has worked in the employer, and one month's salary shall be paid for each full year; If the employer violates the law, the compensation shall be paid at twice the standard of economic compensation; If the dismissal is faulty, the employer does not need to compensate for the dismissal.