Can You Quit After The Probation Period?

In early March 2016, Shen applied for a Real Estate Company to engage in sales work. The labor contract signed in the contract agreed on a term of 2 years, with a probationary period of 2 months, and agreed on the wage standard and the official wage standard during the probation period.

During the probation period, Shen had poor sales experience due to lack of sales experience, and there were other job deficiencies. The company thought she was not competent for the sales work, but because the company was in short supply, she did not dismiss her, but continued to retain it.

At the beginning of June this year, Real Estate Company informed him of the termination of the labor contract on the grounds that Shen was not qualified for employment during the probation period.

Excuse me, during the probation period, did you not give up your employees, can you still regret it after the trial?

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"Article thirty-ninth provides that when a worker is proved to be out of employment during the probation period, the employer can rescind the labor contract.

That is, the employer can terminate the labor contract at any time, and can not pay the economic compensation.

If it exceeds the probation period, according to the reply of the general office of the former Ministry of labor to the "reply to the instructions on how to determine the employment contract that can not be released during the probation period", the unit can no longer terminate the labor contract on the grounds that it does not meet the employment requirements during the probation period.

In this case, in early June of this year, the Real Estate Company made a notice of the termination of the labor contract on the ground that Shen was not qualified for employment during the probation period, and obviously passed the probation period, so the rescission was illegal.

The forty-eighth provision of the labor contract law stipulates: "if the employer violates the provisions of this law to terminate or terminate the labor contract, if the worker requests to continue to perform the labor contract, the employing unit shall continue to perform. If the worker fails to continue to perform the labor contract or the labor contract can not continue to perform, the employer shall pay the compensation in accordance with the eighty-seventh provision of this law."

According to the above provisions, Shen can choose to request Real Estate Company to continue to fulfill the labor contract.

If Shen does not ask to continue to fulfill the labor contract, he has the right to claim a two times economic compensation to the Real Estate Company, that is, compensation.

The forty-seventh provision of the labor contract law stipulates that the working life of labourers in their units is less than 6 months.

Workers should be paid for half a month.

Economic compensation; monthly wages refer to the average wages of workers within 12 months before the termination or termination of labor contracts.

Article twenty-seventh of the regulations on the implementation of the labor contract law stipulates that if workers are less than 12 months' work, the average wage shall be calculated according to the actual working months.

Accordingly, the amount of compensation that Shen can claim is her monthly average wage for 3 months in the unit.