2, if the worker does not sign: the company in the probationary period to terminate the contract, you must produce evidence to prove that the worker "does not meet the conditions of employment".
(1) If the company has such evidence: the company is in accordance with the law to terminate the labor contract with you, to give the workers the actual working hours of wages, but do not have to give the workers economic compensation;
(2) If the company can not get the evidence to prove that the workers "do not meet the conditions of employment": the company is illegal! Terminate the contract, then, if the worker requests to continue to fulfill the contract, the company should be fulfilled; if the worker does not request to continue to fulfill the contract: the company should give the worker two times the economic compensation as compensation, that is, in the case of a worker who has worked for less than three months, in addition to giving the worker the actual wages he or she is entitled to, the company should give the worker one month's compensation.
The legal basis is:
(1) Article 46 of the Labor Contract Law: "In any of the following cases, the employer shall pay economic compensation to the laborer:
(1) if the laborer terminates the labor contract in accordance with the provisions of Article 38 of the Law;
(2) if the employer terminates the labor contract to the laborer in accordance with Article 36 of the Law; and if the employer terminates the labor contract to the laborer in accordance with Article 36 of the Law. (b) If the employer, in accordance with the provisions of Article 36 of this Law, proposes to the worker to terminate the labor contract and terminates the labor contract by consensus with the worker;
(c) If the employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
(d) If the employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
(e) If, except for the case of renewal of labor contracts under conditions agreed upon by the employer, the worker does not agree with the renewal of labor contracts; or (e) Except for the case where the employer maintains or improves the terms and conditions of the labor contract and the worker does not agree to renew the contract, the termination of a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law;
(f) the termination of a labor contract in accordance with the provisions of the fourth paragraph and the fifth paragraph of Article 44 of this Law;
(g) the termination of a fixed-term labor contract in accordance with the provisions of other cases stipulated by the laws and administrative regulations.
Article 37: "A laborer may terminate an employment contract by giving the employer thirty days' written notice in advance. A worker may terminate an employment contract by giving three days' notice in advance to the employer during the probationary period."
Article 39: "The employer may terminate the employment contract if the worker has any of the following circumstances:
(1) If he is proved to be incompatible with the conditions of employment during the probationary period."
From the above, we can see that: the worker resigns on his own initiative during the probationary period according to Article 37: there is no economic compensation; the unit terminates the contract during the probationary period according to Article 39: there is no compensation.
Article 48: "If an employer terminates or suspends a labor contract in violation of the provisions of this Law, and the worker requests the continuation of the labor contract, the employer shall continue to perform the contract; if the worker does not request the continuation of the labor contract or if the labor contract can no longer be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law. "
Article 87: "If an employer violates the provisions of this Law by terminating or suspending a labor contract, the employer shall pay compensation to the worker in accordance with two times the standard of economic compensation stipulated in Article 47 of this Law."
Article 47: "Economic compensation shall be paid to the worker according to the number of years of employment in the employer, for each completed year of employment. The economic compensation shall be paid to the laborer according to the standard of one month's salary for each year of employment in the unit. If six months or more is less than one year, the amount shall be calculated as one year; if less than six months, the worker shall be paid economic compensation in the amount of half a month's salary. "
The so-called "does not meet the conditions of employment" is not specified, my understanding is:
1, does not meet the requirements of the company's recruitment of the corresponding position
2, lack of practical ability to work, after training, transfer positions are still unable to do so, and so on.