Four days before the expiration of the probationary period, Zhang was illegally dismissed by the company.
No severance will be paid.
With the help of Chaoyang Legal Aid lawyers.
Whether Zhang can get the compensation he deserves.
Let's take a look at today's legal aid story.
was forced to retire, and there was no solution to the difficult road of rights protection
Zhang joined a company in October 2022, with a labor contract term of 3 years and an agreed probation period of 6 months. For more than 5 months, Zhang has been working diligently.
However, 4 days before the expiration of the agreed probationary period, the company suddenly demanded the termination of the labor relationship with Zhang on the grounds that Zhang did not meet the employment conditions, and claimed that the company was not required to pay economic compensation in accordance with the law. In the face of the sudden resignation, Zhang could not accept it, and in order to protect her legitimate rights and interests, she applied to the labor arbitration commission where the company was located for labor arbitration. However, he is not familiar with the relevant laws, and he is very confused about the road to defending his rights.
The center accepts the case and assigns assistance to protect rights in accordance with the law
When he was confused, Zhang applied to the Chaoyang District Legal Aid Center, and the center reviewed and approved Zhang's application for legal aid, and assigned the case to Chu Chengxi, a lawyer from Beijing Longan Law Firm. After receiving the case, the lawyer met with Zhang, communicated with Zhang many times to understand the case, and checked and verified the relevant evidence materials to grasp the focus of the dispute.
Find the right argument and show your skills to legal aid lawyers
The company asserted that the dismissal of Zhang was in accordance with the provisions of Article 39, Paragraph 1 of the Labor Contract Law, and that the employer could unilaterally terminate the labor relationship without paying compensation or compensation, and that the company provided a performance evaluation form signed and confirmed by the employee every month, supplemented by the articles of association and other institutional documents and witness testimony issued by other employees.
The legal aid lawyer found that the employer had not clearly informed the recipient that it did not meet the employment requirements and that the performance was not up to standard, and did not provide relevant job training or arrange for transfer. Therefore, there is no legal basis for the company's dismissal. Legal aid lawyers seized on this key point of issue and argued on their grounds.
Strive for reason, mediation and resolution to promote harmony
After communication with many parties, the company preliminarily agreed to pay part of the payment to Zhang. After several rounds of mediation, the company agreed to repay the amount that Zhang was satisfied with, but the payment was still delayed on the grounds that the company's request needed approval and time.
*The lawyer then drafted a tripartite agreement on the spot, stipulating that the company's senior executives would pay Zhang on behalf of the company on the spot, and the company would then reimburse the senior executives afterwards. After Zhang collected the money on the spot, he withdrew the lawsuit in court, and the conflict between the two parties was resolved.
Legal Tips:
Labor Contract Law of the People's Republic of China
Article 19 stipulates that if the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month;If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months;For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
Article 39 stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances:
1) During the probationary period, it is proved that they do not meet the employment requirements;
2) Serious violation of the rules and regulations of the employer;
3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;
4) The worker establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the request of the employer;
5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;
6) Those who have been pursued for criminal responsibility in accordance with law.
*: Chaoyang Popularization.
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