Ask a legal person to answer Is it legal for a company to be fired at the end of the probationary pe

The labor contract should be obtained in accordance with Article 1 of the Labor Contract Law.

If the employer verbally says that they will dismiss you, you should go to work on time without receiving a formal written notice (with an official seal) or ask the employer to give you a written notice. If you don't come because the employer says that you won't be able to go to work tomorrow, then the employer will say that no one has said that you won't be allowed to go to work, and that you have been absent from work for a few days, and you will be treated as a voluntary resignation.

There are three types of situations in which an employee is dismissed or terminated by an employer: first, if the employee falls under Article 39 of the Labor Contract Law, the employer does not need to notify the employee 30 days in advance and does not need to pay economic compensation; (2) to terminate the labor contract 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. Third, if the employer terminates the labor contract in violation of 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.

Pay attention to keep the written notice and handover list of the employer requiring you to hand over to someone, which are important evidence that you handled the handover in accordance with the law when your rights and interests were infringed. If the employer does not issue a notice of handover to someone, it can be deemed that the handover is not necessary. For details of the time of payment of wages upon termination of the labor contract (or labor relationship), please refer to Article 9 of the Interim Provisions on Payment of Wages, and for details of Article 50 of the Labor Contract Law, the time of payment of severance is detailed.

If the payment is not made on time, it can be handled in accordance with Article 1 of the Measures for Economic Compensation for Breach and Termination of Labor Contract or Article 85 of the Labor Contract Law. The difference is that the former can be claimed directly, while the latter can only be claimed if the labor department still fails to pay after being ordered by the labor department.

My Space has the legal provisions mentioned above, which you can check out.

Your question is one of the labor contract law.

First, on the issue of agreed wages, the interview is an oral agreement, which cannot be proved afterwards, while the written employment contract is verifiable evidence, so when there is a conflict between oral and written, it can only be relied on in writing. That is to say, verbal agreements are useless;

Second, according to the second paragraph of Article 16 of the Labor Contract Law, the employer and the employee shall each hold one copy of the labor contract text. The employer should give you a contract.

Third, in actual work, the problem of changing from two days off to single rest should still be subject to the contract, regardless of single rest or double rest, double wages should be paid for overtime work on rest days;

Fourth, the so-called inability of the company to become a regular employee is actually to terminate the labor contract with you, and to terminate the labor contract with you on the grounds that you have seriously violated the company's rules and regulations (being late for four times), and there is no need to pay compensation for terminating the labor contract on this ground (Article 39, Paragraph 2 of the Labor Contract Law). This is also the reason for many companies to terminate labor contracts, because there is no statutory standard, that is, what is a "serious violation", so many companies are using this trick, and it is not easy to define if labor arbitration is conducted. Unless they have internal rules that stipulate how often to be late is considered a serious violation, this is generally not.

Fifth, in accordance with Paragraph 2 of Article 39 of the Labor Contract Law, the company does not need to give advance notice to terminate your contract on the grounds that you have seriously violated the company's rules and regulations.

Sixth, if the employer compels the employee to purchase work clothes, then the employer's practice violates the labor law and relevant regulations. This is a unilateral change of the company's agreement on wage payment in the employment contract. In accordance with the provisions of the labor regulations, the employer shall not deduct the wages of the employee without reason.

It is illegal for an employer to force the purchase of work clothes.

With all that said, let's sum it up. As this company intended, you won't be compensated. Because your so-called violation of the rules is obviously minor, but it feels like it can't be solved by discussing it with the company.

It is recommended that you consult with the local labor department, or file a labor arbitration, and maybe you can get some compensation in the mediation.

Labor Contract is Lawful", 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;

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.

Legal rebate 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 less 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 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 specified in Paragraphs 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

It depends on the situation. If the employee is dismissed during the probationary period, if it is indeed because the employee is incompetent, the probationary period assessment is not up to standard, major disciplinary violations and other problems, that is, the termination of the labor relationship caused by the employee's own problems, the enterprise does not need to be liable. If the employer cannot prove that it is the employee's problem, it will be suspected of illegally terminating the labor relationship, and will need to bear the relevant legal consequences and illegal costs.

Article 30 of the Labor Contract Law stipulates that if an employee falls under any of the following circumstances, the employer may terminate the employee: (1) It is proved that the employee 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 employing unit; (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.