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1. If an employee is dismissed by the unit for not meeting the employment conditions, there is no economic compensation.
2. If the employer dismisses the employee without cause, it is necessary to pay double the compensation of economic compensation.
3. In accordance with the Labor Contract Law
Article 39 The employer may terminate the labor contract if the worker 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 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit 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.
Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation provided for in Article 47 of this Law.
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Try it for two days? Does it mean a two-day trial work? If it is estimated that there is none, you can consult with the legal partner, and you don't have to pay anyway.
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Legal analysis: There is compensation for dismissal after a three-day probationary period.
Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China stipulates that an employer shall pay economic compensation to an employee under any of the following circumstances:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) Where the employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated 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) Except where the employer maintains or raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law; (6) Terminating 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.
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According to the labor law, there is, but now the average employer seems to have no salary for the first three days of the probationary period.
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Summary. Hello dear! [Cute] two days of probationary period was dismissed without compensation.
The probationary period is mainly for both parties to understand each other's performance and adaptation, so during this period, the employer is free to choose whether to continue to hire the employee. A probationary period is a period of time used to assess an employee's adaptability, job performance, and fit with the company's culture. During the probationary period, the employer has the right to decide whether to continue employing the employee based on the employee's performance and adaptation.
If an employee is terminated during the probationary period, there is usually no requirement for financial compensation. In some specific cases, such as when the probationary contract stipulates a severance clause, or if the dismissal involves violation of the law, discrimination, etc., the corresponding severance shall be paid. According to the provisions of the Labor Law, dismissal after a two-day probationary period is not entitled to economic compensation.
Cute] [cute].
Hello dear! [Cute] two days of probationary period was dismissed without compensation. The probationary period is mainly for both parties to congratulate each other on their performance and adaptation, so during this period, the employer is free to choose whether to continue to hire the employee.
A probationary period is a period of time used to assess an employee's adaptability, job performance, and fit with the company's culture. During the probationary period, the employer has the right to decide whether to continue employing the employee based on the employee's performance and adaptation. If an employee is terminated during the probationary period, there is usually no claim for financial compensation.
In some specific cases, such as when the probationary contract stipulates a severance clause, or if the dismissal involves violation of the law, discrimination, etc., the corresponding severance compensation will be paid. According to the provisions of the Labor Law, dismissal after a two-day probationary period is not entitled to economic compensation. Cute] [cute].
Dear, are you in the best company? <>
After the interview was successful, I stayed in the company for two days, no one came to the training, and I was fired for no reason.
Did the company tell you that there was no pay during the probationary period when you came to work? <> dear, have you signed a labor contract here? <>
I didn't say it. I haven't signed a contract yet.
After the interview was successful, I waited for you to go to work for a week, and then I went to the company for two days, and no one came to the training, and suddenly I said that it was not suitable, it was too bullying, and it wasted my time.
During the probationary period, did you work for two days and did not pay you for those two days? <> no. If the probationary period on your side has not been transferred, it is the [cute] pro who has no salary, and you can go to labor arbitration [cute].
Does it mean that the company has to pay me for these two days?
You can go to the labor office to inquire about this [cute].
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If you are dismissed within 2 months of the probationary period, if you are dismissed because you do not meet the admission requirements of the probationary period, there will be no compensation; If you are dismissed because you are incompetent for the job, and you are still incompetent after training or transfer, you will be compensated.
Article 46 of the Labor Contract Law of the People's Republic of China The employer shall pay economic compensation to the employee under any of the following circumstances: (1) The employee terminates the labor contract in accordance with the provisions of Article 38 of this Law; (2) The employer proposes to the employee to terminate the labor contract in accordance with the provisions of Article 36 of this Law and agrees to terminate 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; (6) Terminating 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 of the Labor Contract Law of the People's Republic of China stipulates that economic compensation shall be paid to the employee according to the number of years of service in the employer and one month's salary for each full year.
If it is more than six months but less than one year, it will be counted as one year; If it is less than six months, the worker shall be paid half a month's salary.
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If an employee is dismissed after 7 days of work during the probationary period, there is no compensation if the dismissal is faulty; If it is a no-fault dismissal, there is a compensation of half a month's salary; If it is an illegal dismissal, there is one month's salary compensation.
Labor Contract Law
Article 46.
In 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 raises the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
(6) Terminating 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.
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If an employee is dismissed after the probationary period, the employer shall pay compensation at twice the standard of economic compensation. In the case of non-fault dismissal, economic compensation shall be paid to the employee according to the number of years of service of the employee in the unit and the standard of one month's salary for each full year; If the dismissal is wrongful, no compensation or compensation shall be paid.
Labor Contract Law of the People's Republic of China
Article 46.
Under any of the following circumstances, the employer shall pay economic compensation to the employee:
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 laborer in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee; Qi faction.
(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) Except where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;
(6) Terminating 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.
If it is proved that the employer does not meet the employment requirements during the probationary period, the employer does not need to pay compensation for terminating the labor contract. If the employment contract is terminated under the circumstances specified in Article 46 of the Labor Contract Law, the employer shall pay compensation. Legal basis: Article 46 of the Labor Contract Law provides that the employer shall pay economic compensation to the employee under any of the following circumstances: >>>More
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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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