★ Case Summary
On November 1, 2021, Yang interviewed for the position of Business Development Specialist at Company HZ. Both parties discussed job responsibilities, working hours, salary (4000 RMB/month), assessment criteria, educational and work background, etc. As Yang did not possess the required professional certificates and lacked relevant work experience or educational background, they agreed on a probation period.
On November 2, 2021, Yang started working at Company HZ. On the afternoon of November 3, Company HZ terminated Yang’s employment, citing insufficient systematic communication skills and professional knowledge, and not meeting the hiring criteria. Company HZ paid Yang 400 RMB to settle two days of wages and 6 RMB in communication expenses.
Yang was dissatisfied and claimed that on the first day of work, they successfully invited a client for an interview at the company, and completed the work with high quality. Yang argued that the termination by Company HZ was unlawful. Yang applied for arbitration at the Labor and Personnel Dispute Arbitration Committee, seeking compensation of 4000 RMB to make up for other job opportunities they gave up to join Company HZ. Later, Yang filed a lawsuit.
★ Court Ruling
After reviewing the case, the court determined that Company HZ is a professional service organization, and the job requirements for the position necessitated certain professional knowledge, which Yang lacked. This was also reflected in the WeChat records submitted. Considering the short duration of two days, it was part of the mutual selection process. The termination by Company HZ within two days should eliminate any suspicion of malicious employment. During this period, Company HZ was dissatisfied with Yang’s communication skills and considered that Yang’s lack of professional knowledge did not meet the requirements for continued employment. Therefore, the termination of the labor contract by Company HZ was justified, and Yang’s request for compensation for unlawful termination was not supported.
★ Lawyer Tang Yi’s Comment
The probationary period is a mutual understanding and selection period of no more than six months for both the employer and the employee. The establishment of a probationary period in the Labor Contract Law provides both the employer and the employee with a period of choice and observation.
According to Article 39 of the Labor Contract Law, during the probationary period, if the employer proves that the employee does not meet the hiring criteria, they may terminate the labor contract, and this situation is not subject to the circumstances under Article 46 where economic compensation should be paid. However, for the labor already performed by the employee, the employer should promptly and fully pay the wages in accordance with the law, acting in good faith in employment.
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