A foreign-funded company in Shanghai signed a three-year labor contract with its employees. The term of the labor contract is from March 5, 20 10 to March 4, 20 12, including the probation period.

The company can no longer terminate the labor contract with Qian on the grounds that the probation period is proved not to meet the employment conditions stipulated in the Labor Contract Law, but it can still terminate the labor contract with Qian according to the second paragraph of Article 40 of the Labor Contract Law, that is, it must first train Qian or adjust its post. If Qian is still not qualified for the job, the company can terminate the labor contract with Qian 30 days in advance or pay an extra month's salary.