Tian entered the company in May 2008 and signed a three-year labor contract. Recently, the company adopted elimination through selection in accordance with rules and regulations and Tian was in the last. The human resource manager asked if they can terminate labor contract with Tian. China Center expert, Ms. Yang Zhe expressed that the last one just referred to the work performance order, not meant the employee was incompetent; moreover, the rules and regulations can not override the labor contract, therefore, elimination through selection to terminate labor contract is illegal.  

Qi has encountered a number of bad employers after graduation. Three employers have probationally employed him in half a year, without labor contract, social insurance, full pay or any other benefit. The probation period is regarded as ‘free period’. According to reports, the illegal practices of enterprises in probation period include verbal contract without a written form and dismissing employees before a probation period expires under unreasonable excuses, unilaterally extending a probation period, and paying no social insurance for employees during their probation periods.

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