What to do if you dismiss an employee during the probationary period

Since there is no employment contract, there is no probationary period, and the company should pay you double the salary from the time you have worked for one month, and give you one month's notice to leave the company (or pay one month's salary in lieu of payment).

If you are negligent, it depends on whether and how much damage has been caused to the company. If no damage is caused, no compensation is required. If you incur any damages, the company can claim compensation from you.

If you are fired for negligence, it is very good that the company does not pursue your liability and compensation, and you have to go back to them for compensation, which is simply unlikely.

1. If the employer and the employee have established a labor relationship but have not yet concluded a written labor contract, it shall conclude it within one month from January 1, 2008;

2. If the contract is not concluded for more than one month, the employer shall pay the employee twice the monthly wage; (If you have been working for more than a month, you can ask the employer to pay you twice the salary).

3. If you are dismissed due to negligence, the company does not need to compensate.

During the probationary period, both parties can terminate the contract at any time, and there is nothing you can ask the company for compensation if you are at fault.

It is illegal for an employer to fail to sign an employment contract with the employee.

You can go to the labor inspection detachment of the local labor and social security bureau to make a detailed inquiry.

There is no basis for the company to compensate.

According to the new Labor Contract Law, you are negligently dismissed during the probationary period, and you will not receive compensation.

Two months' salary compensation is paid.

Legal analysis: If an employee is dismissed for negligence during the probationary period, the employer may unilaterally terminate the labor contract; If an employee is dismissed without fault, the employer may terminate the labor contract after giving 30 days' notice or paying wages in lieu of notice. If the employer terminates the labor contract in violation of the law, it shall pay compensation at twice the standard of economic compensation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

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 where the term of the labor contract is less than three months, a probationary period must not be stipulated.

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.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position 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 unless the employee falls under 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.

1. If it is proved that the employer does not meet the employment conditions during the probationary period, the employer may terminate the labor contract.

2. If the company does terminate the labor relationship without reason, which is a violation of the Labor Contract Law, the company shall pay compensation to the employee according to twice the economic compensation standard. 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. Zao Xun Waiter.

3. If there is a dispute that cannot be negotiated, the worker may apply to the labor arbitration commission where the unit is located. In China, labor arbitration is a necessary procedure for parties to a labor dispute to file a lawsuit in the people's court.

Legal basis] Article 5 of the Labor Dispute Mediation and Arbitration Law provides that in the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Bench Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

The probationary period is actually a probationary period for new employees, if they fail to pass during the probationary period, Huichong will be dismissed directly, but can the probationary period be dismissed at will? At this time, the legitimate rights and interests of the employee are also protected by law, and the employer is not allowed to dismiss the employee at will. From another point of view, what should I do if an employee is dismissed during the probationary period?

Let's find out below. 1. Can the employee be dismissed at will during the probationary period During the probationary period, the employer can dismiss the employee only if the employee has one of the following statutory circumstances: 1. The employee is proved to be ineligible for employment during the probationary period; 2. The worker seriously violates the rules and regulations of the employer; 3. The worker is seriously derelict in his duties, commits fraud for personal gain, and causes major damage to the employer; 4. The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer; 5. The worker uses fraud, coercion or taking advantage of the danger of others to make the employer conclude a labor contract contrary to his true intentions; 6. The worker is investigated for criminal responsibility in accordance with the law; 7. The worker is sick or injured not due to work, and cannot engage in the original job after the expiration of the prescribed medical treatment period, nor can he engage in the work arranged by the employer; 8. The worker is not competent for the job, and is still incompetent for the job after training or job adjustment.

When an employer dismisses an employee during the probationary period, it shall explain the reasons for dismissal to the employee in addition to the above-mentioned statutory dismissal of the employee. II. What Should I Do If I Was Dismissed During the Probationary Period If the Employee Is Proved Not to Meet the Employment Requirements During the Probationary Period, the Employer may terminate the Employee from the Employer. 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. When the employee signs the labor contract with the employer, he or she will agree on a probationary period, and if there is any unqualified situation during the probationary period, the employee will be directly dismissed, but what if the employer cannot say what conditions will be dismissed? In fact, it can be inferred that the employer is illegally dismissed, and it needs to bear the corresponding legal responsibility for the employee.

Legal analysis: The employment contract between the employer and the employee terminated during the probationary period must comply with the relevant laws and regulations. Otherwise, the employee cannot terminate the employment relationship with the employee without reason during the probationary period. If the unit dismisses without cause, it may request the unit to pay 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.

After being dismissed during the probationary period, the employee may apply for labor arbitration. If the employer terminates the employee in violation of the law, the employee may apply for labor arbitration to demand the payment of compensation and one month's salary. Because the employee does not meet the job requirements during the probationary period, the employer does not need to pay the employee compensation if the labor contract is terminated with the employee.

1. Go to the labor dispute arbitration committee in the local human resources and social security bureau (formerly the labor bureau) to apply for labor arbitration, and when filing the case, you need to bring: 2 copies of the arbitration application form and 1 copy of the applicant's ID card; 2 copies of relevant evidence and a list of evidence; The employer's business registration information (registration information is not required in Beijing)! 2. After submitting the materials, the arbitration commission will file the case within 5 working days, and then give both parties a period to present evidence and a time period for the other party to reply; Then the first hearing, after which the two parties will be mediated, and the arbitration committee will issue an award if the mediation fails; Labor arbitration shall be concluded within 60 days; If the employee is not satisfied with the award, he or she can sue the court; 3. You can ask professionals to provide remote guidance services and write legal documents such as labor arbitration application and evidence list without inviting a local lawyer**.

And during the application for labor arbitration, do not delay the worker to work in the new unit!