The company wants to dismiss you without probation. It's more formal to apply for your resignation, but it doesn't matter whether you give it or not.
What are the reasons for dismissing employees during probation?
Article 40 (2) of the Labor Contract Law states that the employee is not competent for the job and is still incompetent after training or adjustment;
How to write a written dismissal form when an employee fails the probation period? Thank you. Urgent.
Key points of document
The notice of dismissal is a document used by the company to terminate the labor contract with employees. When dismissing employees, employees should be notified.
The notice of dismissal mainly includes the name of the dismissed employee, the reasons for dismissal, dismissal treatment and compensation.
Special tips
The basic requirement for giving notice of dismissal is to clearly state the reasons for dismissal. If the employee is dismissed for his own reasons, the company has the right to investigate the employee's responsibility and require the employee to bear the liability for compensation according to the contract; If it belongs to the company's own reasons, such as industrial restructuring leading to layoffs, the company should give corresponding compensation.
Sample for your reference:
Notice of dismissal
Mr./Ms. _ _ _ _ _ _:
We regret to inform you that after a probation period of _ _ months, your professional ability can't meet the basic requirements of _ _ post. Please leave our company on _ _ _ _.
Thank you for your support and help to our company recently.
All your benefits will be handled in accordance with national laws and regulations, the company's rules and regulations and the labor contract.
_ _ _ _ _ _ company
date month year
How to dismiss an employee if he fails the probation period?
Can be dismissed, if both parties do not stipulate in the contract that a labor contract must be signed after the probation period expires, they can be dismissed directly. The probation period was originally used to test the adaptability of employees. If they can't adapt, they should be fired without paying extra wages. This person is unwilling to sign a labor contract, indicating that he has no intention of the post, which is a unilateral breach of contract and the unit will not bear the responsibility. As long as you follow the contract, you can get legal relief.
How to write a model essay in the report of applying for dismissing employees on probation?
Directly issue a notice to terminate the labor contract, and try to get employees to sign the notice. Be careful not to hurt others' self-esteem.
What are the possible reasons for being dismissed during probation?
If there is any reason, you can ask the person who fired you, and then you can improve in this respect. I believe your next job will be better.
Provisions on dismissing employees during probation period
There are two breakthroughs in your question:
First of all, your contract date:
You just said that you came to the company in June, but the company signed the contract in August, so the company didn't sign the insurance contract with you in June and July. If you can find any evidence that you started working in June, then you have the right to ask the company to pay you labor insurance for six or seven months. But you may not get this compensation.
Second, about the probation period:
If your contract term is three years, then the probation period of six months is reasonable, that is to say, you are still in the probation period, and the company can terminate the labor contract with you at any time on the grounds that the probation period is unqualified without paying economic compensation.
But the question is whether your reasons for "incompetence" are comprehensive. At present, the law stipulates that companies can't dismiss probationary employees at will. Even if the employee is unqualified during the probation period, the company needs to produce evidence of your incompetence or the terms of the company's rules and regulations or job descriptions to show that you are really incompetent. So if you think you are doing well and the company deliberately doesn't want you, you can consider this breakthrough.
Comparatively speaking, the first breakthrough point is easy to find, and the second breakthrough point is vague. In short, there is no cost for the company not to want you during the probation period, and there is no need to pay any extra fees. If you go to arbitration and apply for arbitration on the grounds of incompetence during the probation period, the possibility of winning the case is relatively small, because the company will definitely find evidence or witnesses of your incompetence. If you take a breakthrough point-the start date of the contract as the reason, as long as you provide evidence, you should be able to win the case. However, since the company has given you insurance in August, it is not easy to make up insurance in June and July. You can ask for negotiation to return these two months' insurance to you in cash.
But I need to remind you that arbitration is free and the arbitration hearing is free, but if you hire a lawyer, you will have to pay. If you feel that you have a certain understanding of the labor law, your eloquence is good, and it is also good to appeal for yourself. If you feel that you are lacking, I suggest that you don't go, because two months of insurance is not too much and there is not much money, and most people in the personnel department are eloquent and familiar with the law, so if you don't hire a lawyer, it is easy for people in the personnel department to rinse in.
The above answers are for reference only. You can bring arbitration together for these two reasons, which is more likely.
Good luck!
Being dismissed during the probation period is 100.
1. As an employer, employees can only be dismissed if they have passed the examination during the probation period (written evidence, photos and videos are required) and some valid documentary evidence (there is no mandatory requirement to work on the morning of employees' last day to avoid being in a bad mood). Otherwise, it is illegal to terminate the labor contract. If the probation period is unqualified, the employer does not need to pay any compensation or compensation.
2. As a laborer, the employer can only terminate the labor contract with the laborer after fulfilling the service obligation.
People's Republic of China (PRC) labor contract law
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.
The problem of dismissing employees during the probation period of the company
Of course, the company's dismissal means that the company has to issue a written dismissal certificate and affix its official seal to explain the reasons for dismissal. Don't write your resignation letter yourself. Continue to work without issuing a dismissal certificate, and do not go through the resignation procedures.
If you are dismissed because of the company, you can ask for half a month's economic compensation, and pay one month's economic compensation for violating the dismissal.
Units that have not signed a labor contract shall pay double wages from the second month, that is, twice the salary of 1.5 months.
To establish labor relations with reference to Article 10 of the Labor Contract Law, a written labor contract shall be concluded.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
If the employer and the employee conclude a labor contract before employment, the labor relationship shall be established from the date of employment.
Article 82 If an employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly salary. . Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
There is no reason to terminate labor arbitration during the probation period.
Article 46 of the Labor Contract Law "In any of the following circumstances, the employer shall pay economic compensation to the employee:
(1) The laborer terminates the labor contract in accordance with the provisions of Article 38 of this Law;
(2) The employing unit proposes to terminate the labor contract with the laborer in accordance with the provisions of Article 36 of this Law, and the labor contract is terminated through consultation with the laborer;
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
(6) The labor contract is terminated in accordance with the provisions of Item 4 and Item 5 of Article 44 of this Law;
(seven) other circumstances stipulated by laws and administrative regulations. "
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of a worker is three times higher than the average monthly salary of local workers published by the people of the municipality directly under the central government where the employer is located, the standard for paying economic compensation to the worker is three times the average monthly salary, and the longest period for paying economic compensation to the worker shall not exceed twelve years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.