The probationary period is a period of mutual understanding and mutual inspection between the two parties during the term of the labor contract. For the employer, the probationary period can further examine whether the employee meets the employment requirements; For employees, the probationary period can examine the management level and development prospects of the employer. Through the two-way selection of the probation period, the stability of labor relations can be promoted and the internal friction of human resource costs can be reduced. So, can a company fire an employee without giving any reason during the probationary period?
1. Conditions and procedures for the resignation of employees during the probation period
During the probationary period, the employee's right to terminate the contract is unlimited, no conditions are attached, and only the procedure is fulfilled. The employee may terminate the labor contract by notifying the company three days in advance during the probationary period.
2. Conditions and procedures for the dismissal of employees by the company during the probation period
As an employer, the company also has the right to terminate the labor contract during the probationary period. However, in order to prevent the employer from abusing the right of dismissal, the legislation strictly restricts the conditions for the termination of the labor contract between the employer and the employee.
The employer bears the burden of proof on the legality and reasonableness of the employee's termination of the employment contract during the probationary period, mainly to prove that the employee "did not meet the employment requirements" during the probationary period. The employment conditions are not limited to the objective conditions such as the employee's academic degree and skill certificate, but also include the employee's work ability, work attitude, discipline awareness, team spirit, ideological character, physical condition and other assessment elements. The company can set appraisal criteria in accordance with the employee handbook or other internal rules and regulations, and conduct appraisals based on these criteria. The evaluation standards shall be sent to the employees in advance.
The company needs to provide sufficient evidence, such as attendance records, work records, appraisal forms, etc., to prove that the employee's performance during the probationary period does not meet the employment requirements. The company shall follow legal procedures in the process of terminating the employment contract, such as informing the employee in writing of the reasons for not hiring and terminating the employment contract. If the company fails to fully prove that the employee "does not meet the employment requirements" during the probationary period, or fails to explain the reasons as required or fails to terminate the labor contract in accordance with the legal procedures, then the dismissal of the employee may be found to be illegal, and the company shall bear the legal responsibility for illegally terminating the labor contract.
To sum up, the company dismisses an employee during the probationary period and needs to prove that the employee does not meet the employment requirements. The company shall comprehensively consider the actual work performance of employees, compliance with labor discipline, the implementation of internal rules and regulations, and whether the evidence provided is sufficient and reasonable, and strictly follow the procedures prescribed by law to ensure the legal effect of the dismissal.