There are men and women in the workplace. The biggest feature of women is that they have to get married, get pregnant and have children. It's very hard to get pregnant and have children, which will reduce the combat effectiveness of the workplace. Therefore, some employees are dismissed during the probation period. Is it illegal to do this? How about the salary for being dismissed during the probation period?
How to calculate the salary of dismissal during probation period
The news that Ms. Wang, the expectant mother in Dalian, Liaoning, was dismissed by the company during the probation period, has aroused heated discussion on the Internet recently. In this regard, Jia Dandan of the Labor Relations Department of Dalian human resources and Social Security Bureau said that during the probation period, Ms. Wang's unit did not sign a labor contract with her and did not pay social insurance for Ms. Wang, which itself is illegal. After Ms. Wang told the unit that she was pregnant, the unit dismissed her for no reason, which is a serious violation of the relevant provisions of the labor contract law. In view of the above illegal situation, it is suggested that Ms. Wang immediately go to the local labor and social security supervision department to make complaints and report, and safeguard her legitimate rights and interests through legal means.
How to calculate the dismissal salary during the probation period? According to the actual situation, the settlement time of the dismissal salary during the probation period should be settled from the time of resignation. If the dismissal is illegal, you can ask to continue to work or claim compensation.
How to calculate the salary of dismissal during probation period
1. If you have time to work, you can get the corresponding labor remuneration. When the labor relationship is terminated, the employing unit shall pay off the wages of the workers in a lump sum.
2. If the employer rescinds the labor contract without proper reasons, it will constitute illegal rescission and shall pay twice the economic compensation.
Article 3 of the labor law of the people's Republic of China (hereinafter referred to as the "labor law") stipulates that workers shall have the right to equal employment and choice of occupation, the right to remuneration, the right to rest and vacation, the right to protection of labor safety and health, the right to receive vocational skills training, the right to social insurance and welfare, the right to apply for settlement of labor disputes and other labor rights stipulated by law.
How to calculate the salary of dismissal during probation period
Article 50 wages shall be paid to the labourers themselves monthly in the form of currency. The wages of labourers shall not be deducted or delayed without reason. Article 9 of the Provisional Regulations on wage payment when both parties of labor relations terminate or terminate the labor contract according to law, the employer shall pay the wages of the workers in one lump sum when the labor contract is terminated or terminated.
In the above, Ms. Wang was dismissed during the probation period. If the unit has a tough attitude, it can claim compensation. Nowadays, the employment situation is grim. Many people can't find a job, or they can't find a good job, and the employment environment for women is even worse. Such things happen from time to time. The majority of women must dare to protect their rights and interests when they encounter similar situations.