Is there any compensation for being dismissed in the probation period?

2022-07-14 0 By

Citizen advice: last November, I worked in a factory, probation period for 3 months, I entered the factory just over 50 days, the factory dismissed me without reason.Is there any compensation?Lawyer Liang of Hunan Lvyan Law Firm: If the employee is dismissed during the probation period because he does not meet the employment conditions or has legal faults, there will be no compensation;Anyone who is dismissed for other reasons shall enjoy compensation or compensation.The employer shall terminate the contract without compensation in accordance with Article 39 of the Labor Contract Law if the employee is proved to be unqualified for employment or has legal faults during the probation period.Where losses are caused to the employing unit, the employing unit may claim partial compensation.Where the laborer is not unqualified for employment during the probationary period or has no legal fault, the employing unit shall pay economic compensation.Laborer is not a probation period proved to do not accord with employ condition, there is no legal fault, unit of choose and employ persons can be in accordance with the “labor contract law” article 36 and article 40, remove contract, article 41 and article 42 but should according to laborer this unit working fixed number of year every year to pay a monthly wages economic compensation, with half a year of less than a year by year,If less than half a year, it will be paid half a year.Compensation shall be paid in case of illegal termination of the contract.Where the termination of the contract by the employing unit is not in conformity with the provisions of the law and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform the contract;Where the laborer does not request to continue to perform the labor contract or the labor contract cannot continue to be performed, the employing unit shall pay compensation at the rate of twice the economic compensation.(Reporter Li Pubing) Statement: Reprint this article for the purpose of passing more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn