在试用期内解除劳动合同是否应该支付经济补偿?

Should financial compensation be paid for the termination of the labor contract during the probation period?

本案的争议焦点是劳动者在试用期期间因患病，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作，用人单位与其解除劳动合同是否应该支付经济补偿。

The focus of the dispute in this case is whether the employer should pay economic compensation for the termination of the labor contract if the employee is sick during the probation period and can engage neither in his original work nor in other work arranged by the Employer upon the expiration of the probation period.

2020.04.02

新员工在试用期内休病假一个月，试用期是否可以延长?

If a new recruit take a sick leave of one month during the probationary period, can it be extended?

公司与员工约定两个月试用期，期间员工休病假一个月，试用期是否可以延长？

The company and the employee agreed on a two-month probationary period. During the probation, the employee takes a sick leave of one month. Can the probationary period be extended?

2019.09.26

升职加薪后，该不该有试用期?

Should there be a probationary period following promotion and pay raise?

近日，公司提拔为部门负责人，工资待遇也有大幅度增加，公司要求约定试用3个月，合理吗？

Recently, the company has promoted a department head, and greatly raised the pay. Is it reasonable for the company to require a three-month probation?

2019.08.22

员工在试用期内非因工死亡，公司需要赔偿丧葬费和抚恤金吗?

Does the company need to compensate for funeral expenses and pension in the event of a non-work-related death during the probation period?

员工入职不到两个月（在试用期内）非因工死亡，社保局不支付丧葬补助金和抚恤金待遇，这些我单位要支付吗？

An employee of our company died for non-work-related reasons within two months upon the induction (during the probation period), and the Social Security Bureau didn't pay the funeral subsidies and pension benefits. Is our company obliged to pay these expenses?

2019.05.16

用人单位能否在试用期解雇不符合录用条件的孕期女职工?

Can an employer dismiss a pregnant female worker on probation who does not meet the recruitment conditions?

用人单位能否以试用期不符合录用条件为由，与孕期女职工解除劳动合同？

Can an employer rescind the labor contract with a pregnant female worker on probation on the grounds that she has failed to meet the recruitment conditions?

2019.05.09

销售人员劳动合同中的录用条件应该如何约定？

How should the recruiting conditions in the labor contract for sales personnel be agreed on?

对于有业绩指标的销售岗位，基于试用期内方便解除劳动合同考虑，可否在入职签订劳动合同时与员工约定：录用条件为“试用期内完成某某业绩”？

For sales posts with performance indexes, based upon the consideration of making it convenient to dissolve the labor contract within the probation period, may it be agreed on with employees when signing the labor contract that: the recruiting condition is “XX has been accomplished within the probation period”?

2018.11.29

入职的新员工能否延长试用期？

Can probation period be extended for inducted new employees?

我司目前与新员工已完成试用期评估，结果为中等水平，仅仅通过而已。公司可以要求再延长试用期对其进行考核吗？

Our company has finished the probation period assessment on new employees, with the result that they are at the middle level - the mere pass. Can the company require extending the probation period to reexamine them?

2018.11.22

试用期内的员工休病假，该如何计算试用期？

How should the probationary period be calculated if employee takes a sick leave during the probationary period?

我单位一员工在试用期内因病休病假，请问我单位如何计算试用期？

One employee of our company has taken a sick leave during his probationary period. How should our company calculate the probationary period?

2018.10.11

试用期怀孕，用人单位能否解除劳动合同？

Can the employer terminate the labor contract with an employee who’s pregnant on the probationary period?

试用期刚两个月，劳动者怀孕了，各种请病假，对工作不上心，我们能否解除她呢？

When it’s been merely two months of probationary period, a laborer becomes pregnant, asking for sick leaves with various reasons and mind absent on work. Can we remove her?

2018.07.26

试用期内用人单位是否可以任意解除劳动合同？

Can the employer terminate the labor contract at will during the probationary period?

试用期内用人单位可以任意解除劳动合同？具体应该如何操作才不会有风险的产生？

Can the employer terminate the labor contract at will during the probationary period? How should we operate to avoid risks?

2018.04.04

如何有效管理试用期员工?

How should employees in probation be effectively managed?

现试用期即将到期，我司很困惑，可否按照法律与该员工解除劳动合同？如果不可以，员工提出的延长试用期是否可行？

Now that his probationary period is about to expire, we feel rather confused. Can we terminate the labor contract with him according to the law? If not, is his proposal of extending the probationary period feasible?

2018.03.14

试用期员工违反服务期约定提前离职，是否应当承担违约责任?

If an employee on probation resigns early in violation of the agreement on service period, should he assume liabilities for breach of contract?

该员工在试用期满一周前提出辞职，我公司能否要求员工承担违约责任，赔偿公司的培训费用？

The employee applied to resign one week before the expiration of the probationary period. So, can we ask the employee to undertake liabilities for breach of contract and refund the company's training fee?

2017.12.14

试用期解雇员工：“不胜任”与“不符合录用条件”千差万别

Dismissing an employee on probation: “Incompetence” is a far cry from “Failure to Meet Recruitment Conditions”

员工不胜任工作，但录用条件并没有关于业绩不达标可以解除合同这一项，可以以“试用期不符合录用条件”和他解除劳动合同吗？

If an employee is incompetent and there are no provisions on dissolving contract based on failure to achieve performance goal, is it OK if we can dissolve the labor contract with the employee on the excuse that he “fails to meet recruitment conditions during probation period”?

2017.10.25

试用期过后无法胜任工作如何处置?

How should the case where an employee is rated as incompetent after the probationary period be handled?

员工试用期二个月转正，第三个月领导觉得他无法胜任工作，想与他解除合同，这种情况需要提前一个月通知他解除合同，再支付半个月补偿金吗？

The probationary period of an employee is two months. In the third month upon recruitment, the manager feels that the employee is not competent for the job and wants to terminate the labor contract. In this case, should the company notify the employee one month in advance and pay half a month's salary as compensation?

2017.10.12

能否和员工再次约定试用期?

Can the company stipulate the probationary period with employee anew?

请问对于再聘人员，我们是否可以再次约定试用期呢？

The question is, can we provide a probationary period for the employee to be rehired?

2017.08.30