Xiao Zhang saw a company preparing for opening on the recruitment, recruiting more than 10 positions, the job conditions are unified is "more than 2 years of work experience in the same industry, if you are applying for a management position, which needs to have more than 2 years of management experience in the same industry", Xiao Zhang has 2 years of experience as an administrative supervisor, so he went to this company to apply for the position of administrative director, after 2 rounds of interviews, Xiao Zhang was hired, and the company also signed a labor contract with Xiao Zhang, and agreed on a probation period of 2 months.
The two-month probationary period was about to expire, and the company suddenly informed Xiao Zhang that he had not passed the company's probationary period assessment and was going to terminate the labor contract with Xiao Zhang. Xiao Zhang was not satisfied, so he applied for arbitrationRequire the company to pay compensation for illegal termination of the labor contract
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Some companies recruit many individuals for the same position at one time, and then probation, stay satisfied, and fire those who are not satisfied. In fact, although the law stipulates that a company does not need to pay compensation if it dismisses an employee during the probationary period on the grounds that he "does not meet the employment requirements". But this one doesn'tIt is not for the company to terminate the employee during the probationary periodIt is still necessary to provide evidence to prove that the worker does not meet the employment requirements. In order to attract more talents to interview, many companies often publish recruitment information on the recruitment **, and the hiring conditions will be relatively simple and broad, or it may only be the minimum conditions that should be met for this position. Wait until the time of labor arbitration,The company simply can't come up with clear employment conditions, and it is difficult to prove that the worker does not meet the employment conditions, or the company has clear employment conditions for the position, but it is not publicized to the workers at all, so the company still cannot provide evidence to prove that the specific employment conditions meet the legal requirements. That's how the case goes. The company dismissed Xiao Zhang on the grounds that his work performance during the probationary period "did not meet the employment conditions", and the company could not produce the specific employment conditions that had been announced to Xiao Zhang during the arbitration, so the arbitration would use the recruitment conditions stated in the recruitment advertisement as the employment conditions. As written in the recruitment announcement, Xiao Zhang fully meets the conditions of 2 years of management experience in the industry. Finally,The arbitration upheld Zhang's claim for damages for unlawful dismissal. Highlights:From the perspective of the worker:If the employee is dismissed by the company during the probationary period as "not meeting the employment conditions", the first thing to do is to see whether the company has specific employment conditions, whether these employment conditions have taken effect for you, if there are no specific employment conditions, or even if there are specific employment conditions, but you have not seen or confirmed them, then the company cannot fire you on this basis. If you are from the company's point of view:If the company wants to use the "non-compliance with the employment conditions" to dismiss an employee during the probationary period, the premise is that the company must have clear employment conditions, and this employment condition has been announced to the employee at the time of hiring, and the employee has confirmed it.