He was dismissed from the probationary period and was dismissed just after the probationary period

1. Whether you voluntarily leave your job during the probationary period or the company wants to dismiss you during the probationary period, you must notify the other party at least three days in advance.

2. If you want to be dismissed during the probation period, it is not up to you to decide whether there is a mistake or not, but to have objective evidence to prove that you are unqualified, which is clearly stipulated in the labor law. If you have not signed a penalty sheet during the probationary period, have not been recorded for saying something that should not be said, or have been videotaped for doing something you should not have done, it is difficult to dismiss you directly.

3. The employee should sign a labor contract in the month of entry, not a probationary period agreement. The probationary period should be included in the employment contract, and the agreement to sign a separate probationary period is invalid and can be regarded as a formal contract. If you confirm that there is only a probationary agreement, then this is a formal contract, and you are a permanent employee, not a probationary employee.

4. The company has no evidence to dismiss you, it is necessary to pay 2 times the salary compensation, if it is negotiated with you to let you leave the job, half a month's salary will be made up for less than half a year.

5. Since you are now torn apart from the company, what you have to fight for is 2 times the compensation or half a month's compensation, which depends on whether the company has evidence and whether it is a probationary agreement or a contract.

1.If there is no probationary agreement, there is only an employment contract.

2.If there is no advance notice, the company can be required to give one month's advance notice payment;

3.The normal probationary period is only one month, so after more than one month, you must sign a contract and purchase social security;

Legal analysis: If the worker is dismissed after the probationary period, the worker is compensated, and if he has worked for less than half a year, he or she will be paid half a month's salary as compensation. 1.

If both parties agree to terminate the contract, the severance 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. 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. The monthly wage referred to here refers to the average salary of the employee in the 12 months prior to the termination or termination of the labor contract, which is calculated according to the salary payable.

2.If the employer unilaterally dismisses without a legitimate reason, it needs to pay double the compensation according to the above standard.

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 39 The employer may terminate the labor contract if the worker 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 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 unit, or refuses to make corrections after being proposed by the employer; (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.

Article 40 Under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the worker or paying the worker an additional month's salary: (1) the worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired; (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.

Summary. Therefore, after the probationary period, the employer has the right to terminate the labor contract. If a labor relationship has been established and the employer unilaterally dismisses the employee, the employee has the right to request continued performance of the contract, and may request the employer to pay compensation and economic compensation for double wages.

Hello, the lawyer is at your service.

If the employee is dismissed without any fault, it is an illegal dismissal, and if you slip the contract is the employer's resignation, you must reach an agreement with the employee on the issue of economic compensation or compensation for the resignation, and settle the work.

Therefore, after the probationary period, the unit has the right to dissolve the labor contract of the greenhouse. If an employment relationship has been established and the employer unilaterally dismisses the employee, the employee has the right to request continued performance of the delayed contract, and may request the employer to pay compensation and economic compensation for double wages.

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