Case study: the sun with a company signed a 3 year contract, the contract for a trial period of 3 months. During the trial, the sun a little error. So the company in probation notice before the sun, the sun needs further investigation, the company decided to extend the probationary period is 3 months. 6 months after the trial period, the company to make the decision, because the sun during the probation period not to meet the requirements of the company, company labor contracts. Sun how to do?

The company in violation of the provisions on the trial period, the labor law, labor contract decision is wrong, Wang may apply to the labour dispute arbitration committee for arbitration, require the company to recover the termination of labor contract, continue to perform the labor contract.

Labor law the twenty-first regulation: the labor contract may agree to probation, the probation period shall not exceed 6 months. During this period, the worker may discharge the labor contract with the employer at any time; and the employer as long as proof of laborer does not meet the conditions of employment, also can unilaterally terminate the labor contract with the laborer.

The company in the labor contract during the probation period of 3 months, did not put forward and sun the dissolution of the labor contract, but with its work in a mistake, to extend the trial period of 3 months decision. The company's practices, is actually a labor contract unilaterally behavior change. In accordance with the provisions of labor law, labor contract, should be equal to follow a voluntary, consensus. That is to say, the parties fail to reach an agreement, neither party shall have the right to unilaterally change the labor contract. Therefore, the company did not obtain Sunmou consent, unilateral change (Extended) trial decision, is invalid.

Although the sun work appeared error, but the company is not in the 3 month trial period to measure this error is inconsistent with the recruitment conditions, no and sun the dissolution of the labor contract means. So after 3 months probation period, the company has no right to take the probation period Sun Mou does not meet the conditions of employment on the grounds, to terminate the labor contract.

From people.com.cn