The resignation certificate received by the employee states that the probationary period is not qual

Generally, no, the probationary period is only an inspection period for employees. If you want to be officially hired, you will only have to go through the resignation procedures when you leave after going through the entry procedures, so you will not be able to apply for a resignation certificate if you leave during the probation period. It is necessary to see whether the employer's reasons for requiring the employee to leave the job are legal, and whether the agreement on the probationary period is in accordance with the law.

If the employer can prove that the employee does not meet the employment requirements during the probationary period, the employer may terminate the contract without paying compensation.

Legal analysis

One of the circumstances in which an employer unilaterally terminates an employment contract (negligent dismissal) is when it is proved that the employer does not meet the employment requirements during the probationary period. First of all, the employer shall sign a labor contract with the employee, and the establishment of the employment relationship shall begin from the date of employment. An employment contract is required within one month from the date of employment, and the probationary period is agreed upon according to the duration of the employment contract.

Secondly, the duration of the probationary period has different term requirements according to the Labor Law of the People's Republic of China, which is generally related to the duration of the employment contract. A probationary period shall not be stipulated in a labor contract for the completion of certain work tasks. Therefore, the employer needs to regulate the probationary period according to the contract period.

Finally, if the employer may unilaterally terminate the employment contract due to statutory circumstances during the probationary period, i.e., negligent dismissal. During the probationary period, the employee is proved to be ineligible for employment, or the employee is not competent for the job, and is still incompetent after training and job adjustment. The employer may terminate the labor contract by giving the employee 30 days' written notice.

Legal basis

Article 19 of the Labor Contract Law of the People's Republic of China If the term of the 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 21 During the probationary period, the employer shall not terminate the labor contract except for 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.

This resignation certificate is only a unilateral proof that you have been terminated by the company for what reason, it is not an agreement, and it does not mean that you recognize and agree with the company's reasons for termination. Your signature only proves that you have received a certificate of resignation.

There will be no disadvantage in initiating labor arbitration, the employer needs to provide evidence to prove the legality of the reason for dismissing you, if it can't be proved, it should pay you 2n compensation, if it can be proved, then you will lose the lawsuit and will not lose anything.

If the enterprise terminates the labor contract with the employee during the probationary period, it is not required to pay economic compensation, and it will also be exempted from liability in many aspects, so if the employee's resignation certificate states that the probationary period is unqualified, it will definitely be unfavorable to the employee in labor arbitration.

Don't know why you're issuing this certificate? If the company dismisses you and you are not satisfied with the labor arbitration, you should cite other examples that are useful to you.

For employers, if you are proven to be unqualified during the probationary period, it is appropriate for the company to dismiss you. During the probationary period, if you feel that the job is not suitable for you, you can also ask the employer to leave at any time.

As for the resignation certificate you mentioned, it must be unfavorable to you, because it clearly states that you are not qualified during the probationary period and cannot meet the requirements of the employer.

If the resignation certificate received by the employee states that the probationary period is unqualified, it only proves the reason for the company's dismissal, and does not affect the employee's application for labor arbitration in accordance with the law because he is not satisfied with the dismissal.

The fact that the employee has obtained such a resignation certificate does not mean that the employee has recognized the company's so-called "unqualified probation period", but that the company has the evidence of the company's unilateral termination of the labor relationship, which is more conducive to labor arbitration.

The company may terminate the labor contract in accordance with Article 39 of the Labor Contract Law, which stipulates that "the employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) the employee is proved to be ineligible for employment during the probationary period", provided that the employee does not meet the employment requirements.

The employment conditions should be quantified and publicized for every applicant or job seeker to know, otherwise the dismissal is illegal and infringes on the legitimate rights and interests of the employee.

It shall bear the legal responsibility of paying twice the compensation stipulated in Article 87 of the Labor Contract Law.

The employer needs to prove that the probationary period is not qualified, if not, it constitutes illegal dismissal, and you can claim compensation for illegal termination of labor relations.

The Employment Contract Law stipulates that during the probationary period, if the employer can prove that it does not meet the employment requirements, it can terminate the contract without paying compensation. If you apply for labor arbitration, the employer will need to prove that you do not meet the employment requirements. But if you have already signed your resignation report, it will be difficult to win the case.

If the company wants to write that the probationary period is unqualified on the employee's resignation certificate, it must give an example of what the reason for the disqualification is, if the company can't come up with a specific reason, and you have sufficient evidence to prove that you are not at fault, you can apply for labor arbitration through the ** platform "Eight Laws Salary Maintenance".

If the employee fails to meet the probationary period, the employer must provide relevant evidence to prove that the employee has committed serious dereliction of duty during the probationary period.

If it is a probationary period.

Both parties have the right to choose.

The employment contract can be terminated and it is proved that the employment conditions are not suitable.

The Labor Contract Law stipulates that the employer may terminate the labor contract during the probationary period.