I. About the probation period
Probation period is the period when the employer examines whether the employee meets the employment conditions and whether the employee is suitable for himself. A labor contract may stipulate a probation period, and the same unit can only stipulate a probation period. After the expiration of the probation period, whether to continue to maintain labor relations, regardless of whether to go through the formalities of becoming a full member, is regarded as becoming a full member.
Secondly, about expulsion.
During the probation period, the employer may unilaterally terminate the labor contract according to the provisions of Articles 39 and 40 (1) and (2) of the Labor Contract Law; Upon the expiration of the probation period, the employee may unilaterally terminate the contract and dismiss the employee according to the provisions of Articles 39, 40, 41 and 42 of the Labor Contract Law.
1. If the employee violates the law and discipline seriously, and the employer terminates the contract according to Article 39 of the Labor Contract Law, no compensation will be paid. Among them, the employer shall be liable for the losses caused by the workers.
2. If the contract is terminated in accordance with the provisions of Articles 40 and 41 of the Labor Contract Law, the economic compensation of one month's salary shall be paid annually according to the working years of the employee in this unit, and one year shall be paid annually if the employee has worked for half a year but less than one year, and one year shall be paid annually if the employee has not worked for half a year. Among them, if the contract is terminated according to Article 40 of the Labor Contract Law, a written notice shall be given 30 days in advance or an extra month's salary shall be paid instead of the notice.
3. The employer's dismissal of the employee does not comply with the law, and if the employee requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation at twice the economic compensation.
Labor Contract Law
Article 19 If the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.
The same employer and the same worker can only agree on a probation period.
A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.
The probation period is included in the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract.
Article 21 During the probation period, the employing unit may not terminate the labor contract except under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.
Article 39 The employing unit may terminate the labor contract under any of the following circumstances:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.
Article 41 Under any of the following circumstances, if it is necessary to lay off more than 20 employees or less than 20 employees, but it accounts for more than 10% of the total number of employees in the enterprise, the employing unit may explain the situation to the trade union or all employees 30 days in advance, report the reduction plan to the labor administrative department after listening to the opinions of the trade union or employees, and may lay off employees:
(1) Conforming to the provisions of the Enterprise Bankruptcy Law;
(two) serious difficulties in production and operation;
(three) the enterprise has changed production, major technological innovation or adjustment of business mode, and it still needs to reduce staff after changing the labor contract;
(4) Other major changes have taken place in the objective economic situation on which the labor contract was concluded, which makes it impossible to perform the labor contract.
When reducing personnel, priority should be given to retaining the following personnel:
(1) Concluding a long-term fixed-term labor contract with the unit;
(2) Concluding an open-ended labor contract with the unit;
(3) there are no other employees in the family, and there are elderly people or minors who need to support them.
If the employing unit reduces its staff in accordance with the provisions of the first paragraph of this article and recruits staff again within six months, it shall notify the retrenched staff and give priority to the retrenched staff under the same conditions.
Article 42 The employing unit shall not terminate the labor contract in accordance with the provisions of Articles 40 and 41 of this Law if the laborer is under any of the following circumstances:
(1) The worker who is engaged in the operation exposed to occupational hazards fails to undergo the occupational health examination before leaving his post, or the suspected occupational disease patient is in the period of diagnosis or medical observation;
(2) Suffering from occupational diseases or work-related injuries in this unit and being confirmed to have lost or partially lost the ability to work;
(3) Being sick or injured non-work-related, and within the prescribed medical treatment period;
(four) female workers during pregnancy, childbirth and lactation;
(5) Having worked continuously in this unit for fifteen years and being less than five years away from the statutory retirement age;
(6) Other circumstances stipulated by laws and administrative regulations.