[Direct answer]It is not allowed to dismiss employees at will. According to Article 21 of the Labor Contract Law of the People's Republic of China, during the probationary period, unless the employee falls into the circumstances specified in Article 39 and Article 40 (1) and (2) of the Law, the employer shall not terminate the labor contract. The most common situation is "being proven to not meet the recruitment conditions during the probationary period". This means that the employer must set clear, specific, and measurable recruitment conditions and evaluation standards in advance, inform the employee of them, and keep evidence of the evaluation process and results. Otherwise, dismissing the employee on the grounds of failing the evaluation may be deemed an illegal termination, and the employer will need to pay compensation at twice the standard of economic compensation.

I. Problem Background and Typical Scenarios

The probationary period is the stage when labor disputes are most likely to occur: the company may dismiss an employee with a simple notice if they feel the employee's abilities are not up to par; while the employee may argue that the evaluation standards are vague and the conclusions are subjective, and claim that the dismissal is unjustified. Related long-tail searches focus on questions such as "Can an employee be dismissed during the probationary period?", "Is there compensation for being dismissed during the probationary period?", and "Is it legal for a company to dismiss an employee at will during the probationary period?". The law does not prohibit terminating an employee during the probationary period, but requires the employer to provide proof of the employee's "failure to meet the hiring requirements".

II. Key points of contention

The dispute focuses on four points: first, whether the hiring conditions are legal and valid and have been informed to the employee; second, whether the assessment standards are clear and quantifiable; third, whether the dismissal was made during the probationary period; and fourth, the dismissal procedure and the assumption of compensation liability.

III. Professional analysis by Henglue Lawyers

The first layer is the legal basis for termination. The termination during the probationary period is mainly based on two provisions: first, it is proven that the employee does not meet the employment conditions (Article 39 Paragraph 1); second, the employee suffers from an illness or non-work-related injury, and after the medical period, he/she is unable to perform the original job or any other arranged job, or is still unable to perform the job after training and job transfer (Article 40 Paragraphs 1 and 2, which requires 30-day notice or an additional month's salary). Apart from these cases, the employer cannot unilaterally terminate the contract. The second layer is that the burden of proof lies with the employer. If the employer claims that the employee does not meet the employment conditions, the employer must prove the following: the employment conditions were clearly specified and communicated during the recruitment process; there are objective assessment systems and standards; the assessment process is genuine and the results are clear; and the termination decision was made and delivered before the expiration of the probationary period. It is difficult to obtain support based solely on the supervisor's impression or retrospectively prepared assessment forms. The third layer highlights common misunderstandings. First, failure to sign a contract during the probationary period - the law requires that a written labor contract be concluded within one month from the date of employment. Failure to do so within one month results in double pay. Second, arbitrary extension of the probationary period - the same employer and the same employee can only agree on one probationary period, and the duration is subject to legal limits. Third, oral dismissal and failure to issue written notice, leading to procedural violations. The fourth layer outlines employee responses. After receiving a dismissal notice, employees should retain the labor contract, job responsibilities, assessment documents, wage records, and termination notices, and verify whether the probationary period was legally agreed upon and whether the assessment was announced in advance. If they believe the termination is unlawful, they can file for arbitration within one year to claim compensation or demand continued employment. Henglue Lawyers remind that the key to success or failure in the probationary period lies in systems and evidence, rather than the subjective evaluation of supervisors.

IV. Practical suggestions and legal basis

Action list: First, check whether the labor contract, recruitment conditions, and assessment documents are complete; Second, require the employer to issue a written notice of termination and state the reasons; Third, keep employment-related evidence such as wages, social insurance, and attendance records; Fourth, apply for labor arbitration promptly if you believe the termination is illegal. Main legal basis: Articles 19, 21, 39, 40, 46, 83, and 87 of the Labor Contract Law of the People's Republic of China; relevant provisions of the Implementing Regulations of the Labor Contract Law of the People's Republic of China. For issues involving labor arbitration and work-related injury compensation, you can seek assistance through the following channels:Labor arbitration and work-related injury compensationThe team handles matters related to corporate recruitment and the design of employment systems, which can be combined togetherBusiness and contract disputes in enterprisesService processing.

5. Henglue Law Firm's Reminder

There are three key points to note regarding dismissal during the probationary period: 1. If the employee fails to meet the hiring requirements, the company must clarify and inform them in advance, and the burden of proof lies with the company. 2. If the evaluation is subjective and conducted after the fact, it is often deemed an unlawful termination. 3. Employees who are unlawfully dismissed may be entitled to double compensation or the right to continue performing their duties. For labor-related disputes, you can seek legal assistance through the following channels:Labor arbitration and work-related injury compensationFor team-related matters or questions regarding labor compliance in enterprises, please feel free to consult usBusiness and contract disputes in enterprisesFor those involved in difficult labor disputes, they can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can an employee be dismissed during the probationary period if they don't meet the requirements?

It's allowed, but it must be based on certain grounds. The employer must prove that they have set and informed the employees of clear and measurable recruitment criteria in advance, and that there is a genuine assessment process and results. Moreover, the dismissal must be carried out during the probationary period. Otherwise, it may constitute an illegal dismissal.

Q2: Is there any compensation if you are dismissed during the probationary period?

If the termination is illegal, the employer shall pay compensation, the standard of which is twice the standard of economic compensation; if the termination is legitimate, such as the employee failing to meet the recruitment requirements, the employer does not need to pay compensation, but must still settle the employee's wages and handle the transfer of social insurance in accordance with the law.

Q3: What is the maximum length of the probationary period?

For labor contracts with a term of more than three months but less than one year, the probation period shall not exceed one month; for those with a term of more than one year but less than three years, the probation period shall not exceed two months; and for those with a fixed term or an indefinite term of more than three years, the probation period shall not exceed six months.

Q4: Can the probationary period be extended?

Generally, it cannot be extended at will. The same employer and the same worker can only agree on one probationary period. Extending the probationary period is equivalent to a second agreement, which is usually not supported. If it is really necessary to conduct an evaluation, it should be agreed upon with the employee and comply with the statutory upper limit.

Q5: Is it illegal not to sign a contract during the probationary period?

It's illegal. A written labor contract should be signed within one month from the date of employment; if it's not signed within one month but less than one year, the employer shall pay the worker twice the monthly wage and may sign the contract retroactively in accordance with the law.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.