Research On The Identification Standard Of Article 39 Of The Labor Contract Law "Not Complying With The Employment Conditions"

China’s probation period system plays a vital role in harmonizing and stabilizing labor relations,but the current legislation has some imperfections in some provisions in the probation period system,such as both the Labor Law and the Labor Contract Law.There is no clear stipulation on the meaning of "employment conditions" of the employer;in terms of judicial determination,the criteria for "non-compliance with employment conditions" have not yet been clarified,which has caused arbitration and judicial authorities to encounter difficulties and it is difficult to provide certainty for the parties to the labor contract.Guidelines.The research purpose of this article is to clarify the judicial identification standard of "not meeting the conditions of employment" in Article 39 of the Labor Contract Law,so that the probation period system can fully exert its value and role.This article uses the research methods of literature review and case analysis,enumerates the typical problems encountered in the process of judicial determination of “does not meet the hiring conditions”,and discusses them one by one.Suggestions for specific improvement of judicial recognition standards.The body of this article is divided into three parts:The first part is an overview of the criteria for determining the probation period“not meeting the conditions for employment” in Article 39 of the Labor Contract Law.Firstly,it introduces the concept and function of the probation period,and the legal situation of the employer unilaterally terminating the labor contract during the probation period;secondly,it introduces the different theories of the concept of "recruitment conditions" in the academic circle,including broad understanding and narrow understanding.Discriminated between "non-compliance with employment conditions" and "incompetent work";finally introduced the legal situation of "non-compliance with employment conditions" during the probation period.The second part is an analysis of the criteria for "not meeting the conditions of employment".This section introduces three cases to introduce the problems of judicial determination of "not meeting the conditions of employment" in judicial practice,and analyzes them one by one: one is whether the dismissal should be based on the establishment of the "conditions of employment" The second is whether the "hiring conditions" must be clearly stated to the workers;the third is whether the subjective evaluation can prove that the employees "do not meet the hiring conditions".The third part is the suggestions for improving the criteria for "not meeting the conditions for acceptance".The first is to recommend that the dismissal should be based on the establishment of "conditions for employment",and the clear "conditions for employment" is an important prerequisite and basis for proving that workers "do not meet the conditions for employment";Under the current situation,it is recommended to allow unexplained basic employment discipline and professional ethics and other "conditions of employment" as the basis for dismissal,and to allow the subjective evaluation of workers in the certification basis of the employer.I look forward to this article’s exploration of the determination of "non-compliance with the admission requirements".