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The company inadvertently moves your position back and forth, and it seems that this person is redundant. In the end, you feel uncomfortable in different positions and take the initiative to leave.
Company leaders deliberately ignore your performance, ignore your feelings, ignore your suggestions, and ignore your overtime. Dismissing your reasonable performance as irrelevant makes you feel less important than it used to be, or as important as your other colleagues.
Suddenly imposing a task on you that you seem almost incapable of doing will make you retreat, or go out of your way, and finally end up with "lack of ability".
You are often assigned junk tasks that others don't want to do, or jobs that are high in effort and low in output. Let you become a "cleaner" who serves tea and pours water in the office.
Move you to an office location that people don't want to go. Choose a corner or a hidden location that won't be easily noticed. Or give you a noisy, imperfect office corner.
The company sends someone else to "help" you to work with. On the surface, they are here to help you, but in fact they are here to learn from you, to hand you over, to supervise you, and then to replace you.
When you express your resignation, no one stops you or dissuades you. Even if someone shush and ask for warmth, but the hand that approves the signature quickly signs "agree", for fear that you will regret it.
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Saying that you are incompetent and often criticized is a sign of dismissal.
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The employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) it is proved that the employee does not meet the employment requirements during the probationary period; (2) Seriously violating labor discipline or failing to dispose of the rules and regulations of the employer; (3) Seriously investigating dereliction of duty, committing malpractice for personal gain, causing major harm to the interests of the employer; (4) They have been pursued for criminal responsibility in accordance with law. In short, in order for a company to dismiss an employee during the probationary period, it must meet at least one of the above four criteria.
Otherwise, the company needs to pay the employee severance payment.
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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.
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1. The ability is not up to standard.
If an employee embellishes his resume before joining the company, deliberately exaggerating his or her abilities, and is discovered by his immediate supervisor after joining the company, the employment relationship will be terminated as soon as the probationary period expires.
Sometimes, with the deepening of the work content, employees will find that the job responsibilities do not match their expectations, and gradually exceed their own ability, which will also cause the phenomenon of "probationary dismissal".
Therefore, it is necessary to write a resume truthfully, to beautify yourself moderately, and to avoid deception.
2. He was dismissed for saying a dirty word in the work group.
Someone was once fired from the company for questioning wages in the work group and then swearing a swearing. The reason is that when he was talking dirty and late in the group, he was seen by the boss and thought that this person was not of high quality and was not worthy of continuing to work in the company.
3. Cheap labor.
In some positions with relatively high mobility, or in the sensitive industry with obvious off-peak seasons, a group of employees will be recruited to do things first, and then dismissed for various reasons after they are used up.
The work content of the probationary period remains the same, and the salary is beaten.
Twenty percent off, which is equivalent to treating laborers as cheap labor.
It is advisable for job seekers to check out the company's situation before starting a job.
4. Interpersonal relationships are not adaptable.
Sometimes, skills and experience are not the only criteria for a person's ability to work, and it is also very important to be able to adapt to the company's working atmosphere and conform to the company's values.
In the past, a job seeker was dismissed during the probationary period by his boss on the grounds that he "didn't like to laugh and didn't unite with his colleagues".
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There are three types of situations in which the employer dismisses or terminates the labor contract: 1. If the employee falls under Article 39 of the Labor Contract Law, the employer is not required to notify the employee 30 days in advance and is not required to pay economic compensation; 2. If the labor contract is terminated in accordance with the relevant provisions of the Labor Contract Law or the provisions of the labor contract, and in accordance with Article 46 of the Labor Contract Law, economic compensation shall be paid to the employee in accordance with Article 47; If the employer fails to notify the employee in writing 30 days in advance, it shall also pay the employee an additional month's salary in accordance with Article 40 of the Labor Contract Law. 3. If the employer violates the provisions of the Labor Contract Law and the provisions of the labor contract, the employer shall pay compensation to the employee in accordance with Article 1 of the Labor Contract Law, which is twice the economic compensation. For details of the scope of calculation of severance payments, please refer to Article 27 of the Regulations for the Implementation of the Labor Contract Law. The employer shall also provide the employee with a certificate of termination of the labor contract as stipulated in Article 1 of the Labor Contract Law, and the content of such certificate shall comply with the provisions of Article 24 of the Regulations for the Implementation of the Labor Contract Law.
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