The Research Of Dismissal On Failure To Meet The Employmentconditions During Probation

Our country is now facing a period of comprehensive transition. Because of the oversupply of the labor market, the employers hold great initiative during the recruitment processes. And the Employment Contract Law has too ambiguous definition of the Employment Condition which confers large powers to the employers while recruiting people. Therefore it is common that the employers make these conditions randomly which violate the lawful rights and interests of the employees. This essay is researched on the unemployment because of failures to comply with the Employment Condition in order to make up the blank of the law and help the employers to fire staff during probation period. Thus the employee’s right can be protected and the dismissal disputes can be reduced.Besides introduction and conclusion, there are four parts in this essay:The first part is about the general introduction of the failures to comply with the Employment Condition inside probation. I will first give brief introduction of the dismissal of employees in a legal situation, and under what circumstances these terms can be applied. And secondly I will define the Employment Condition from its structure, manifestation and comparisons with related conceptions. Again I will expound the legal value of the recruiting conditions from the perspective of the employers, the employees and the judicial office. At last in order to clarify the practical value of this research system, I will explain the practical significance of the failures to meet with the employment conditions.The second part is about the legal study of the dismission system where employees fail to satisfy the Employment Conditions during the probationary period. From the microcosmic point of view, the legal basis of the system is to solve the contradiction between the enterprise and the employees and to make sure both the process of job-seeking and staff recruiting is fair. From the macro-aspect its basis is to unite the promotion of social justice and economic development.The third part is about the problems of this dismission system. There are four major problems according to the actual situation and working experience in judicial practice. The first is about the definition of the employment condition. There is no one exact conception of employment condition during probation. This article will research on both properties and extensions of the condition. The second is about the legality of the employment condition. There exists certain discriminations terms. This article analyzes the cause of the discrimination terms and gives examples of employment discriminations in real life. The third is about the rationality of it. Many of the enterprises lack rationality when they are making the conditions. The article will expound that here are excessive subject requests and unrelated requests in the employment conditions by an established case. The fourth problem is about the fraud. Some employees will lie about themselves to get a job. This will lead to companies hiring the nonqualified staff, thus bring the company legal risks and economic losses.The last part is about some recommendations on improving the dismissal on failure to meet the employment conditions during probation. First is to accurately define the nature and extensions of the Employment Conditions and give examples of its performance. Then we should avoid employment discriminations made by the enterprise. This shall be realized by law. We need to be familiar with what is job discriminations, what are the kinds of discriminations are against law and the discriminations set according to posts. And thirdly we should be aware of the standards of the employment condition and assess the objective data instead of subjective qualifications. The relevant laws shall be improved to include the laborer’s objection right to and the employers explaining right to the dismissal providing multiple ways to safeguard laborer’s legitimate rights and interests. And lastly is to prevent the laborer’s employment fraud. The employers should carry out entry investigations inside probation. And the investigation object, investigation content and the way of investigation can be the main clue of the elaboration. I hope that this article will make contribute to the exploration of dismissal on failures to meet the Employment Conditions.