Is there any compensation for being laid off during the probation period?
Lihua foam 2020-11-26 07:04:48
In the near future , Xiaobian has received many netizens' advice , A lot of new employees are interested in “ The probation period ” Some doubts were raised . among , Netizens are small H Asked about :“ Because the boss said I didn't perform well during the probation period , The trial ended before the examination , And then there's no compensation , Is that reasonable? ?”

 Is there any compensation for being laid off during the probation period ?


During the probation period, the key to whether there is economic compensation or not lies in the reason that the unit proposes to terminate the labor contract , If it is proved that the employee does not meet the employment requirements or is dismissed by the unit due to the employee's personal negligent behavior during the probation period , There is no financial compensation ; If the unit because the staff and workers are not competent for the work and so on the ground of lifting , You need to pay financial compensation .

Let's see how the relevant laws stipulate it :

according to 《 Labor contract law 》 Article 39 provides that , A labourer is under any of the following circumstances , The employer may rescind the labor contract :( One )、 During the probation period, it is proved that it does not meet the conditions for employment ;( Two )、 Seriously violating the rules and regulations of the employing unit ;( 3、 ... and )、 Serious dereliction of duty , fraud , Causing great damage to the employing unit ;( Four )、 At the same time, workers establish labor relations with other employers , It has a serious impact on the completion of the work tasks of the unit , Or by the employer , Refusing to correct ;( 5、 ... and )、 To cheat 、 The means of coercion or taking advantage of others , The employing unit enters into or alters a labor contract against its true intention, thus rendering the labor contract invalid ;( 6、 ... and )、 Being investigated for criminal responsibility according to law .

according to 《 Labor contract law 》 Article 46 provides that , Under any of the following circumstances , The employer should pay economic compensation to the laborer :( One ) Failing to provide labor protection or working conditions in accordance with the labor contract ;( Two ) Failing to pay labor remuneration in full and on time ;( 3、 ... and ) Failing to pay social insurance premium for workers according to law ;( Four ) The rules and regulations of the employer are against the law 、 The regulations , Damage to the rights and interests of workers ;( 5、 ... and ) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this law ;( 6、 ... and ) law 、 Administrative regulations provide that workers can terminate the labor contract .

《 Labor contract law 》 Article 40. , Under any of the following circumstances , The employer notifies the laborer in writing 30 days in advance or after paying the laborer one month's salary , May dissolve the labor contract :( One ) The labourer suffers from illness or non-work-related injury , Cannot be engaged in original job after the medical treatment that sets expires , It is also not allowed to engage in the work arranged by the employer ;( Two ) The worker is incompetent , After training or job adjustment , Still not up to the job ;( 3、 ... and ) Significant changes have taken place in the objective circumstances on which the labor contract is based , Cause labor contract cannot perform , Through unit of choose and employ persons and laborer consult , Failure to reach an agreement on changing the contents of the labor contract .

from childhood H As it turns out , Employers need to provide small H Relevant empirical evidence that does not meet the employment requirements , You can't do what you want , Talk about it orally . If the employer can't take out , And small H No, 《 Labor contract law 》 Article 39 , that , The employer belongs to the illegal termination of labor contract . according to 《 Labor contract law 》 Article 87 provides that , The employing unit rescinds or terminates the labor contract in violation of the provisions of this law , Compensation shall be paid to the laborer in accordance with the economic compensation standard stipulated in Article 47 of this law .《 Labor contract law 》 The forty-seventh provision , Economic compensation according to the number of years that laborer works in this unit , Less than six months , An economic compensation of half a month's salary to the laborer .

TIPS

according to 《 Regulations on the implementation of the labor contract law 》: The wage of laborer in probation period must not be lower than the lowest wage of the same post in the unit 80% Or not lower than the wage stipulated in the labor contract 80%, And must not be lower than the minimum wage standard of the place where the employer is located . at present , The minimum wage standard in this city is 2480 element / month .

During the probation period, the rights and obligations of the company and workers are relatively weak , But it doesn't mean that the company can fire the employees who are on probation at will . Dismissal without reason is illegal termination of labor contract , Workers can apply for labor dispute arbitration to protect their rights . The employer dissolves the laborer's labor contract , Legal procedures and conditions must be followed , Dismissal without reason is illegal termination of labor contract , Press 《 Labor contract law 》 Article 48 、 Eighty seven states that , The laborer requests to continue to perform the labor contract , The employer shall continue to perform ; The laborer does not require to continue to perform the labor contract or the labor contract can no longer be performed , The employer shall pay compensation twice the economic compensation .

written words : Gacci

picture : The east IC

edit : tingting
版权声明
本文为[Lihua foam]所创,转载请带上原文链接,感谢
https://fheadline.com/2020/11/20201126070255279r.html
相似文章

2021-08-09