You can refuse to be dismissed during the probation period, or you can apply for labor arbitration.

Legal Analysis

If the applicant is an employee, please submit the following materials: (1) Application for labor arbitration (state the facts and reasons for the application in detail, in duplicate or according to the respondent’s Number of persons provided; (2) Applicant’s identity certificate and copy; (3) If there is an entrusted agent, a "Power of Attorney" must be signed and submitted in person, indicating the entrustment matters, and a copy of the entrusted agent's ID card must be submitted at the same time If the client’s agent is a practicing lawyer sent by a law firm, a copy of the practicing lawyer’s ID card should be provided: If the client’s agent is a citizen, a free agency agreement signed with the client and the Legal information on the relationship between the applicant and the client; (4) Respondent’s business registration information; (5) Proof of the employment relationship between the applicant and the respondent; (Proof materials include: labor contract, temporary residence permit, work permit , factory badge, work card, salary slip (slip), employment registration form, deposit receipt, and proof of punishment and notice or certificate of dismissal, expulsion, dismissal, termination (or termination) of labor relationship, etc. when the applicant submits supporting materials. , one original and one copy should be attached, and the original should be returned after review; (6) "List of Submitted Evidence Materials" in duplicate; if the applicant is involved in a collective dispute, please submit the following materials: In addition to submitting the first category (1) to In addition to the information in item (6), the applicant needs to recommend 3 or 5 employee representatives and submit a list of employee representatives and a signature form of all employees. If it is a collective dispute case over wage arrears, the applicant also needs to submit the persons whose wages are owed to employees by the employer. List and arrears balance sheet. Labor arbitration is a relatively direct way to safeguard rights, and it can also be carried out at the same time, because employees who do not receive financial compensation according to regulations and do not participate in social insurance can obtain legal basis by filing a complaint with the labor department<. /p>

"Labor Contract Law of the People's Republic of China"

Article 21 During the probation period, unless the employee has the rights of Article 39 and Article 40 of this Law Except for the circumstances specified in Items 1 and 2, the employer shall not terminate the labor contract. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

Article 39. The employer may terminate the labor contract under any of the following circumstances: (1) If proven not to meet the employment conditions during the probation period; (2) Serious violation of the employer's rules and regulations; (3) Serious dereliction of duty, malpractice for personal gain, or loss of employment. The employer causes serious damage; (4) The employee establishes labor relations with other employers at the same time, which seriously affects the completion of the work tasks of the employer, or refuses to make corrections after the employer proposes; (5) The employee fails to make corrections due to Article 1 of this Law. The circumstances specified in the first paragraph of Article 26 render the labor contract invalid; (6) The employer is subject to criminal liability in accordance with the law.

Article 40 If any of the following circumstances occurs, the employer shall terminate the employment contract in advance. The labor contract may be terminated after thirty days' written notice to the employee or an additional month's salary payment to the employee: (1) The employee is sick or injured not due to work and cannot engage in the original job after the prescribed medical period expires, Nor can they engage in work separately arranged by the employer; (2) The worker is not competent for the job and is still not competent for the job after training or adjusting his job position; (3) The objective circumstances on which the labor contract was concluded have changed significantly, As a result, the labor contract cannot be performed, and the employer and the employee fail to reach an agreement on changing the contents of the labor contract after negotiation.