Dispute over Illegal Termination of Probationary Employment at an Advertising Company in Xiamen

Case Summary

Plaintiff Zhang joined Defendant Xiamen [Name] Advertising Co., Ltd. on 2024/1/10 as a designer. The parties entered into a written labor contract with a term of 3 years, including a probationary period of 3 months. The monthly salary during probation was 10000 yuan, and the regular monthly salary after confirmation was 12000 yuan. On 2024/3/5, Defendant issued a "Notice of Termination of Labor Contract" to Plaintiff, terminating the contract unilaterally on the grounds that Plaintiff did not meet the recruitment conditions during the probationary period, without paying any severance compensation. Plaintiff contends that Defendant's termination lacked legal basis and constituted an illegal termination. Consequently, Plaintiff filed for arbitration with the Xiamen Labor and Personnel Dispute Arbitration Commission, requesting Defendant to pay compensation for illegal termination in the amount of 10000 yuan. The Arbitration Commission ruled in favor of Plaintiff's claim. Dissatisfied with the ruling, Defendant has now filed a lawsuit in court.

Key Dispute

1.Is there a legal basis for the defendant to terminate the labor contract with the plaintiff during the probationary period?

2.Did the Defendant clearly inform the Plaintiff of the employment conditions?

3.Did the plaintiff fail to meet the hiring requirements?

4.Is the defendant's termination of the contract unlawful?

Case Strategy

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2.The plaintiff presented evidence showing that both parties agreed to a 3-month probation period, during which the defendant terminated the labor contract with the plaintiff.

3.The Defendant terminated the Plaintiff's employment on the grounds that the Plaintiff did not meet the hiring criteria during the probation period, but failed to provide evidence that these criteria were clearly communicated to the Plaintiff upon hire. Furthermore, the Defendant provided no proof of specific instances where the Plaintiff failed to meet those criteria. Therefore, the termination lacked legal basis and constitutes an unlawful dismissal.

4.The compensation for illegal termination claimed by the plaintiff is calculated as follows: with less than 6 months of service, the amount equals 2 times 0.5 month(s) of wages, totaling 10000 yuan, which complies with the Labor Contract Law.

Processing Result

The court ruled that the defendant, Xiamen [Name] Advertising Co., Ltd., shall pay the plaintiff, Zhang [Name], compensation for illegal termination of employment in the amount of 10000 yuan within ten days from the effective date of this judgment. The defendant shall bear all litigation costs for this case.

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