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How to deal with unqualified probation

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How to deal with unqualified probation


        

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  • 2024-06-15 00:01:44

    If an employee fails to pass the probation period, that is, does not meet the employment conditions of the employer, the employer can dismiss him according to law. However, the employer shall provide evidence to prove that the employee does not meet the employment conditions, and explain the reasons for the nonconformity to the employee.

    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.
    Article 39 of the Labor Contract Law
    The Employer may terminate the labor contract in any of the following circumstances:
    (1) It is proved that the employee does not meet the employment conditions during the probation period;
    (2) Seriously violating the rules and regulations of the employing unit;
    (3) Serious dereliction of duty or engaging in malpractice for selfish ends, causing major damage to the employing unit;
    (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 his own unit, or refuses to correct after being proposed by the employer;
    (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.

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