According to Article 39(1), if it is approved that an employee does not meet the recruitment conditions during a probation period, the employer may dissolve the labor contract. The following aspects should be noted to understand this article: (1) A legal probation period has been stipulated in the labor contract between the employer and employee; (2) Explicit recruitment conditions have been set down, including descriptions of the job; (3) The employer can provide objective evidence to prove that the employee does not meet the recruitment conditions, including objective record and evaluation of the employee’s performance; (4) The labor contract should be dissolved prior to its expiration date.
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