Women’s employees can be dismissed during the probation period, but the reason for the dismissal must be that the employee does not meet the hiring conditions during the trial conditions of the trial period, and the enterprise can dismiss.This removal does not need to be notified in advance, and there is no economic compensation.However, companies must prove that employees do have no cases that do not meet the conditions of hiring.This requirement is the unified requirements of all employees, and the female employees who are pregnant during the probation period are no exception.
Netizen consultation:
I am now in the probation period, and the probation period is over in one month. As soon as I find that I am pregnant, will I be resigned?
Lawyer Tong Yinggui, the Xintian Law Firm of Zhejiang Century, answered:
It may be resigned. According to the provisions of the Labor Contract Law, if the female employee during pregnancy, delivery, and lactation, the employer shall not terminate the labor contract in accordance with the provisions of Article 40 and 41 of this law, but in the first placeArticle 39 Paragraph 1 stipulates that "if the laborer has one of the following circumstances, the employer may terminate the labor contract: (1) If it is proven to be proven to meet the hiring conditions during the probation period, it can be seen that if employers during the trial periodIf the unit has the intention to cut you, there is a reason to dismiss you.
Analysis of lawyer Tong Yinggui:
How to protect their rights when the employee is fired during the trial period?
According to Article 9 of the "Interim Provisions on Wage Payment": "When the parties to the labor relationship are terminated or terminated in accordance with the law, the employer shall pay the labor salary at one time when the labor contract shall be terminated or terminated."
In other words, there is no reason for employers to pay the salary of being dismissed or resigned from employees next month, but should be paid once when lift or terminate the labor contract.
Fourth, the trial period does not agree on the trial criteria (hiring conditions), and the employer cannot dismiss employees of the probation period based on subjective imagination or no substantial basis.
According to Article 39 of the Labor Contract Law: "If a worker has one of the following circumstances, the employer may terminate the labor contract: (1) If it is proved to be not met the conditions for hiring during the trial period; …"
According to Article 21: "During the probation period, except for the situation specified in the provisions of Article 39 and Article 40, Article 40, and 2 of the Labor, the employer shall not terminate the labor contract.If the unit is terminated during the trial period, it shall explain the reason to the workers. "
In other words, if employees do not meet the requirements of the hiring period, they can be fired.However, it is not possible to dismiss without reason. Employers must allow workers to clearly "hire conditions". These conditions can be clearly stipulated in the recruitment needs, or they can be notified written in writing during employment.
According to Article 87 of the Labor Contract Law: "If the employer violates the provisions of the provisions of this Law, the labor contract shall be terminated or terminated, and the economic compensation standard shall be paid to the workers in accordance with the economic compensation standards stipulated in Article 47 of the Law.","
The removal of employees will be dismissed without signing a written contract, no evidence to prove that the workers are incompetent or seriously violated the company’s rules and regulations. It is an illegal termination of labor relationships. The employer shall pay compensation in accordance with double standards.He began to work in a full -time lawyer in 1992 to be the founding partner of the Zhejiang Century Xintian Law Firm.The purpose of practice: the matter of being entrusted by people, loyalty.Professional fields: criminal defense, corporate legal affairs, contract disputes, marriage and family disputes.Main service areas: Hangzhou Main City, Lin’an District, Yuhang District.
