24小时辞退试用期员工 Termination of A Staff under Probationary Period with 24 Hours Notice
- 不能。 你是不能随意在试用期内， 给24小时通知，辞退试用期员工。
Q: During the probationary period, does the employer have the right to terminate the services of the probationer at anytime, by giving him the appropriate notice, or even 24 hours notice?
- No, you cannot simply terminate an employee under probationary period with a 24 hours notice.
- There is a distinction between dismissal within his probationary period and termination of service at the expiry of the probation or thereafter.
- Within the period or probation, the employee has the same rights as a permanent employee and his services cannot be terminated except on the ground of misconduct or other sufficient reason (Industrial Court Award No 191/80).
- Therefore, at the end of the probationary period his services may be terminated by 24 hours and if the employee lodges a complaint under section 20, Industrial Relations Act 1967 for wrongful dismissal, the employer only has to show cause that the employee does not meet the company’s requirements for confirmation.