Legal analysis
Even during the probation period, the employer cannot terminate the labor contract at will. If the employee does not meet the employment conditions, the employer should make the employment conditions clear and keep the evidence, otherwise it will bear the risk of losing the case. When the employer terminates the probationary employee contract due to unqualified probation period, it must meet two conditions: 1, and it must be within the probation period. After the probation period expires, no matter whether the employee has gone through the formalities of becoming a regular employee or not, no matter whether the employee meets the employment conditions, the contract can no longer be terminated by this. 2. There is evidence that the employee does not meet the employment conditions. When employing employees, the employing unit shall regularly or irregularly assess and evaluate the specific requirements of the post, such as knowledge, culture, technical level, physical condition and ideological quality, and have objective records and reliable evidence for those who do not meet the employment conditions. The employer terminates the employee's contract during the probation period because the probation period is unqualified. If the above conditions are not met, it is illegal to terminate the contract. The probation period is included in the term of the labor contract. During this period, the employer assesses whether the employees are qualified, and the employees also assess whether the employer meets their own requirements. This is a mutual choice.
legal ground
People's Republic of China (PRC) labor contract law
Article 39 The employing unit may terminate the labor contract if the employee is under any of the following circumstances: (1) The employee is proved to be unqualified for employment during the probation period; (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 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.