After working hard for 9 months, the company claimed that I was an intern and not only wanted to dismiss me, but also promised a monthly salary of 10000 yuan without giving me any money. I kept all the evidence of my work, "said 29 year old Xiao Li in a labor dispute case. On April 20, 2023, the Xicheng District People's Court of Beijing held a press conference on "Typical Cases Involving New Generation Labor Disputes" and released a batch of typical cases. The case summarizes the basic characteristics of labor dispute cases involving the new generation, presenting a "portrait of the new generation workplace" from a legal perspective. The probationary period is also protected, and for illegal dismissal, compensation is required for 26 year old Xiao Chen. After graduation, he joined a technology company in Beijing to work in research and development. Both parties agree that the probationary period is six months. Since joining the company for three months, the company has arranged for Xiao Chen to work overtime multiple times. During the New Year's Day period in 2022, the company once again arranged for Xiao Chen to travel to other places to engage in equipment debugging work. Xiao Chen refused the company's request for overtime. Later, the company dismissed Xiao Chen on the grounds that he did not comply with work arrangements during the probationary period. Xiao Chen applied for arbitration and demanded that the company pay compensation for illegal termination of the labor contract. After the arbitration commission issued an award, the company was dissatisfied and filed a lawsuit against Xiao Chen in court. After the trial by the Xicheng Court, it was found that Article 39 of the Labor Contract Law of the People's Republic of China (hereinafter referred to as the "Labor Contract Law") stipulates that if a worker is proven to be unqualified for employment during the probationary period, the employer may terminate the labor contract. However, according to legal regulations, if an employer wishes to exercise the termination right during the probationary period, it is necessary to prove that the employee does not meet the employment conditions. A technology company in Beijing dismissed Xiao Chen on the grounds that he did not comply with the work arrangement of the unit, which clearly did not comply with legal regulations. Therefore, he should pay compensation for illegal termination of the labor contract to Xiao Chen. Finally, the court ruled that a technology company in Beijing paid Xiao Chen over 30000 yuan in compensation for illegal termination of the labor contract. After graduating from the workplace, Xiao Li, 29 years old, was recommended by others to participate in and pass an interview with a securities company, and worked in the financial business department of the company. Both parties did not sign a labor contract and verbally agreed that the monthly salary would be 10000 yuan. Xiao Li stated that during his tenure, the securities company did not pay him wages, and he has been requesting entry procedures through WeChat and other means. Nine months later, the securities company verbally requested Xiao Li to leave. Later, Xiaoli applied for arbitration and requested confirmation of the existence of labor relations between the two parties between March 2019 and December 2019. The securities company paid compensation for illegal termination of labor relations, wages, double the difference in wages without signing the labor contract, and losses such as unpaid wages. The securities company advocates that Xiao Li is interning at the company as an operations intern and will not be paid during the internship period. After the arbitration commission issued the award, both parties were dissatisfied and filed a lawsuit in court. After the trial by the Xicheng Court, it was found that Xiao Li submitted a large amount of WeChat chat records, work files, video photos and other evidence to the court, proving that he accepted arrangements from securities company leaders during his tenure, engaged in product research, meeting records, data sorting and other work, and repeatedly urged department heads to complete the onboarding procedures. Although the securities company advocates that Xiao Li is an intern, considering that when Xiao Li entered the securities company
Edit：Ying Ying Responsible editor：Jia Jia
Source：rmfyb.chinacourt.org
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