If it is illegal, the employer should bear legal responsibility. The Employer and the Employee may terminate the labor contract upon consensus, but shall pay economic compensation to the Employee. The economic compensation shall be paid to the workers according to the number of years they have worked in the unit and the standard of one month's salary for each full year; If it is more than six months but less than one year, it shall be counted as one year.
Legal basis:
Article 21 of the Labor Contract Law
During the probationary period, the employer may not terminate the labor contract, except that the worker has 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 reason to the worker.
