I worked in a milk tea shop and fired me on the seventh day, saying I was not suitable for their shop.

Legal Opinion

During the probation period, the employer does not need to pay economic compensation except for the circumstances stipulated in Article 39 of the Labor Contract Law. Other circumstances vary depending on the reason for termination. , the methods of compensation are different.

1. If both parties agree to terminate the contract, economic compensation will be paid to the employee based on the number of years he has worked in the unit and one month's salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker. The monthly salary referred to here refers to the average salary of the employee in the twelve months before the labor contract is terminated or terminated, and is calculated based on the salary payable.

2. If the employer unilaterally dismisses the employee without legitimate reasons, double the compensation will be paid according to the above standards.

Legal Basis

"Labor Contract Law"

Article 39

If an employee has any of the following circumstances, the employer The employer may terminate the labor contract:

(1) If it is proven that the employer does not meet the employment conditions during the probation period;

(2) If the employer seriously violates the rules and regulations of the employer;

(3) Serious dereliction of duty, malpractice for personal gain, causing significant damage to the employer;

(4) The employee establishes labor relations with other employers at the same time, causing serious damage to the completion of the work tasks of the employer influence, or refuses to make corrections after being proposed by the employer;

(5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1, Article 26 of this Law;

(6) Being held criminally responsible according to law.

Article 47 Economic compensation shall be paid to workers based on the number of years they have worked in the unit, at the rate of one month’s salary for every full year. If the period is more than six months and less than one year, it will be calculated as one year; if it is less than six months, the economic compensation of half a month's salary will be paid to the worker.

Article 87 If an employer violates the provisions of this Law to terminate or terminate a labor contract, it shall pay compensation to the employee in accordance with twice the economic compensation standard stipulated in Article 47 of this Law.