Is It Lawful For Workers To Be Fired Arbitrarily During The Probation Period?

Zhao worked as a budget manager in a budget company. The two sides signed a labor contract for a period of 3 years, and agreed on a 3 month probation period.

During the probation period, the budget company failed to perform in Zhao's performance. The budget volume in the draft manuscript of earthwork audit has serious errors.

On the grounds of it, it terminates the labor contract.

Zhao did not recognize the draft of the audit of the volume of earthwork, which was considered illegal by the unit and its termination of labor contract, and then sent to the local labor and personnel.

The Arbitration Commission applied for the labor contract with the budget company.

It is not in line with the reasons for the lifting of the notice in the notice of dismissal of the budget company.

The budget company did not provide sufficient evidence to prove that Zhao's ability to work during the probation period failed to meet the company's recruitment conditions and job requirements, and should bear the adverse consequences of proof.

In the end, the Arbitration Commission decided that the budget company should terminate the labor contract violation and support Zhao's request for continued arbitration of the labor contract.

The Arbitration Commission heard that the budget company was based on Zhao.

The labor contract was not released on the grounds that it did not conform to the employment conditions, but the "draft of the earth volume audit" could not be verified by Zhao.

In addition, the director of human resources director Wang, who was provided by the company in the process of "tracking the progress of the process of Zhao Zheng", said that he did not agree to make a positive decision and the workload was insufficient.

Related links:

After the resignation of the laborer, the unit claimed double wages, but the unit denied that she was her own employee.

As a result, the judge, by sweeping the WeChat two-dimensional code behind the employee's work card, finally locked her employee status and recovered justice for him.

In April 2014, Liu Yingpin went to work in an art company. The company has not signed a labor contract with Xiao Liu.

In September, Liu resigned for some reason, and claimed double wages for the company on the ground of not signing a written labor contract.

After failing to do so, Xiao Liu applied for arbitration to the labor arbitration agency and then brought it to court.

In the trial, the art company denied the existence of labor relations with Xiao Liu, and the name of the entity shop submitted by Xiao Liu was different from that of the art company.

At this time, the judge found that there was a two-dimensional code on the back of the work card provided by Xiao Liu, which was swept away by mobile phone. As a result, a company's authentication information was popped up in the cell phone. The information proved that the entity shop of Xiao Liu was in line with the company's registration name, thus confirming the labor relations between the art company and Liu Cun.

The company is willing to reconcile with Xiao Liu in the face of the iron evidence from the judge.

After consultation, the company pays Xiao Liu 9700 yuan.