The contract has been signed, but the probation period has not expired, and the reason is that the reason is insufficient ability?
A friend asked the editor in the background: I have signed a contract, but I was fired before the probationary period. The reason was lack of ability. I heard that the probation period should be notified three days in advance and generally there is no compensation, is it true?
In the minds of many migrant workers, the probationary period is the first hurdle. Mengxin players saw that they were about to clear the trial period, but were suddenly interviewed by the company + persuaded to quit. They could only secretly sigh, "Why did I hang up when the game just started?" But is it really so easy to hang up during the trial period? In fact, if you master this guide proficiently, Mengxin may also come back to life.
There may be various reasons for employees to be fired during the probationary period: lack of ability, too slow speed, substandard KPIs, problems getting along with colleagues... But in fact, there are two commonly used laws:
The probationary period proves unqualified for employment and incompetent for the job.
1. This "three days" is false
This three-day period comes from Article 37 of the Labor Contract Law. If an employee proposes to resign during the probationary period, he or she can leave after notifying the unit three days in advance. During the trial period, the company proposed to lift it, and there is no "three-day" time limit. According to Article 39 of the "Labor Contract Law", if the company proposes to terminate the employee's probationary period because the employee does not meet the employment requirements, it can be terminated on the same day, and it does not need to be 3 days in advance.
2. During the probationary period, the company is dismissed at will and needs to pay compensation
During the probationary period, if the company proposes to terminate the contract, it can only be based on Article 39 of the Labor Contract Law. For example, if the employee does not meet the employment requirements, it is not necessary to pay economic compensation or compensation.
In addition, the company has the obligation to prove that the laborer does not meet the employment requirements, which does not mean that it does not meet the requirements.
For example, when entering a job, workers should be informed of what standards the position needs to meet to qualify for employment. For the simplest example, when recruiting a salesperson, it can be agreed that the monthly business volume reaches 100,000, or that 3 new customers are brought in to meet the hiring requirements.
For the proof of this point, most units may not be able to complete it.
So during the probationary period, can a company fire employees at any time? Is the business going to lose money?
During the probationary period, the company may not dismiss employees at any time/without reason. Some companies with a little conscience cannot find a reasonable reason, so they can only unlawfully dismiss their employees. In this case, the probationary employee will receive a certain amount of compensation (usually a month's salary), which means that there is no reason to give you money to let you go.
And most of the probation period employees will encounter the situation that during the probation period, the boss wants you to leave, but there is no reason, he will talk to you, saying that you have not passed the probation period, that your ability is not enough, strike a blow, let yourself be Resign.
Don't belittle yourself, feel that your ability is not enough, and you can't afford to be beaten.
In fact, it is likely to be caused by internal reasons of the enterprise, such as the suspension of the project and the start of layoffs, which directly forces the employees during the probationary period to retire. Have a basic understanding of your abilities and don't be in charge of PUA.
According to the labor law, if the company wants to dismiss an employee during the probationary period, it must prove that the employee does not meet the employment conditions. In addition, the dismissal of the employee must be in writing, the boss let you go, you can continue to work, and ask the boss to continue to pay wages.
This provision is to protect employees from unreasonable dismissal during the probationary period.
Of course, if the company can prove that you do not meet the employment conditions, then it is a legal termination of the labor contract.
Therefore, if you are asked to resign during the probationary period, it is the case of dismissal without reason. Don't be fooled easily. You have to ask, "Which point do I not meet the hiring conditions? Please provide evidence, otherwise please pay me compensation, indicating that you are dismissed illegally, then I can leave!"
And if the stipulated employment conditions are not written in the contract, then there are no employment conditions, and there is no way to prove that you do not meet the employment conditions.
What defensive moves are available during the trial period?
Make sure there is no probation period in the labor contract. If there is no agreement, there is no probation period, and the company's cold arrows are invalid for you.
Find out the company's "employment conditions" (don't confuse it with the original "recruitment conditions"). If you are embarrassed to ask directly, you may need to shop around to find "treasures", such as entry instructions, assessment management notification confirmation sheets, employee handbooks and even notices posted on the company wall...
In the event of unreasonable dismissal, do not rush to sign "resignation application", "resignation statement", "resignation agreement" and other agreements that imply that you are resigning voluntarily or voluntarily, otherwise it will increase the difficulty of rights protection.
Calmness, calmness, proofread the company's operations according to the two commonly used laws and regulations mentioned above. If you find bugs, you can consider rights protection.
At this time, two options pop up on the screen for "illegal dismissal during the probationary period": do you want "compensation" (take a month's salary to fly away), or "restore labor relations" (continue to stay in the company as a part-time job) people)? You can only choose one.
Don't refer to "compensation" as "economic compensation", otherwise you may lose half of your salary.
Therefore, everyone must be more careful when looking for a job. Even during the probationary period, they must be taken seriously. If they are maliciously dismissed, they must clarify their thinking, find evidence, and protect themselves with the law.