Two, employees with the "labor contract law" in the first and second paragraphs of article fortieth, was dismissed according to law, the employer shall pay economic compensation.
3. During the probation period of the employee, the employer dismisses the employee without reason (terminates the labor contract), which is illegal to terminate the labor contract. You can claim that the labor contract is invalid and continue to perform the labor contract, or claim compensation.
Labor Contract Law
Article 21 During the probation period for the dissolution of a labor contract, the employing unit may not dissolve the labor contract, except that the employee is in the circumstances specified in Items 1 and 2 of Article 39 and Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.
Article 39 If an employee unilaterally terminates (negligently dismisses) a labor contract under any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
Article 40 If an employee is dismissed without fault, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
Forty-sixth economic compensation in any of the following circumstances, the employer shall pay economic compensation to the workers:
(3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
Article 48 Legal Consequences of Unlawful Dissolution or Termination of a Labor Contract If the employing unit dissolves or terminates the labor contract in violation of the provisions of this Law and the laborer requests to continue to perform the labor contract, the employing unit shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.