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Can I be dismissed without reason during the probation period

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Can I be dismissed without reason during the probation period


        

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  • 2024-05-26 14:01:13

    During the probation period, the employer can dismiss a worker only when the worker has one of the following legal circumstances:

    1. The laborer is proved to be unqualified for employment during the probation period;

    2. The laborer seriously violates the rules and regulations of the employing unit;

    3. The laborer seriously neglects his duty and engages in malpractices 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 employing unit enters into a labor contract against its true intention by means of fraud, coercion or taking advantage of a person's difficulties;

    6. Workers are investigated for criminal responsibility according to law;

    [Legal Basis]

    Article 39 of the Labor Contract Law of the People's Republic of China, [The Employer unilaterally terminates the labor contract (negligent dismissal)] 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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