Introduction:The probationary period is a process for employees and the company to get to know each other and adapt to each other, but sometimes, employees during the probationary period can be fired due to various reasons. So, how should the salary be settled after being expelled during the probationary period? This article will give you detailed answers so that you can protect your legitimate rights and interests in the event of dismissal.
During the probationary period, the enterprise can evaluate the employee according to his work performance, ability, etc., and if the employee does not meet the requirements of the enterprise, the enterprise has the right to terminate the labor contract. Common reasons for dismissal during the probationary period include: lack of work ability, violation of company rules and regulations, and non-compliance with job requirements.
According to the provisions of the Labor Contract Law, the employment relationship between the employee and the enterprise during the probationary period is also protected by law. Therefore, employees who are dismissed during the probationary period have the right to request that the employer settle their wages in accordance with the law.
Calculate the number of days worked during the probationary period: the actual number of days worked from the date of employment to the date of dismissal.
The wages payable are calculated according to the salary standard for the probationary period agreed in the labor contract: the salary standard for the probationary period The number of days worked.
Deduction of related expenses: such as personal income tax, personal part of social security, etc.
Actual Payroll: Payroll Payable - Deduction of Expenses.
Negotiate with the company: First, you can try to negotiate with the company and ask the company to settle the wages in accordance with the law.
Application for labor arbitration: If the negotiation fails, you can apply to the local labor arbitration institution for labor arbitration to protect your legitimate rights and interests.
Seeking legal aid: In the process of applying for labor arbitration, you can seek legal assistance and obtain the help of a professional lawyer.
Conclusion:Being expelled from the probationary period is not the end of the world, it is important to know your rights and be brave enough to defend them. Hopefully, this article has provided you with some useful advice and assistance in the event of a dismissal. Remember, the law is a powerful force to protect our rights, and we need to learn to use it to protect ourselves.