If The Contract Is Unsuccessful, The Contract Unit Should Give Notice In Advance.

In March 2016, Hao Mou recruited a food company in Ji'nan through the Internet.

The two sides signed a probationary agreement in March 27th.

The agreement is for a trial period of 3 months, from March 28, 2016 to June 29th, and the probation period is 2500 yuan per month.

In June 19th, the food company lifted Hao Mou's labor contract on the grounds of Hao Mou's inability to work.

In July 15th, Hao Mou submitted an arbitration application to the labor and personnel dispute arbitration committee of Licheng District, Ji'nan, on the grounds that the unit did not announce the termination of its labor contract 30 days ahead of time, requiring the food company to pay an additional 1 months' salary.

After the ruling, Hau refused to be prosecuted to Licheng District Court.

In the court trial, the food company argued that according to the thirty-ninth clause and first provision of the labor contract law, when the laborer was proved to be ineligible for employment during the probation period, the employer could terminate the labor contract at any time, so the unit did not have to pay 1 months' wages for the termination of the labor contract without prior notice.

The court held that Hao had worked in the food company since March 27th, and the two sides signed a probationary agreement, but did not sign a written labor contract. The trial agreement is regarded as a labor contract signed by both parties.

The fortieth provision of the labor contract law provides that:

30 days in advance, if the worker himself is informed in writing or the worker pays 1 months' salary, he may rescind the labor contract. (1) if the worker is sick or is not injured by work, he can not engage in the original work after the prescribed medical treatment expires, nor can he engage in any work arranged separately by the employing unit. (two) the worker is not competent for the work, and after training or adjustment of his post, he is still not competent for the work. (three) the objective situation on which the labor contract is concluded has undergone significant changes, resulting in the failure of the labor contract to be fulfilled.

No agreement was reached on changing the contents of the labor contract through consultation with the laborers.

The food company was relieved of its labor contract on the grounds of Hao Mou's inability to work. However, he did not notice 30 days ahead of schedule and should pay an additional 1 months' salary.

Accordingly, the court decided that the food company paid the 1 month salary of 2500 yuan without prior notice of the cancellation of the labor contract.