Can an employee during the probationary period be dismissed by the employer if they are dismissed? According to reports, Miao has joined a company in Wuxi, Jiangsu as a procurement manager. Both parties signed a labor contract, stipulating a probation period of 3 months and a monthly salary of 12000 yuan. Just as the probationary period was about to end, the company terminated the employment relationship with Miao on the grounds that he did not pass the probationary period probation assessment. Miao was dissatisfied and applied for labor arbitration without success. He then filed a lawsuit with the People's Court of Huishan District, Wuxi City. The court ruled that the company had illegally terminated the labor contract and should pay compensation of 12000 yuan to Miao. Probationary period is an agreed upon inspection period for mutual understanding between employees and enterprises after establishing a labor relationship. From the date of employment, the employer establishes a labor relationship with the employee, and the rights and interests of probationary employees are no different from those of so-called "formal" employees. China's labor laws, labor contract laws, and other laws and regulations also have clear provisions for the protection of the rights and interests of probationary workers. In this regard, the verdict of this case once again reaffirms the relevant principles and serves as a warning to employers. Miao's victory also has reference significance for other workers to protect their rights. In recent years, it is not uncommon for employers to abuse the "probationary period", not only by arbitrarily dismissing employees on the grounds of the probationary period, but also by not paying social insurance to employees during the probationary period, deducting their wages, arbitrarily extending the probationary period, and so on. Some employers, in order to save labor costs, treat the probation period as a "cheap period", a "free period", or a "trial period without use" - in this way, the probation period has become a "shield" for some companies to arbitrarily infringe on the rights and interests of workers. According to the relevant provisions of the Labor Law and the Labor Contract Law, if the employer and the employee mutually agree to terminate the contract, and the work experience is less than 6 months, the employee will receive economic compensation of half a month's salary. If the unit violates the legal provisions to terminate or rescind the labor contract, it shall pay double compensation to the employee. However, in practice, many workers are often unwilling or afraid to protect their rights, and the reasons can be divided into three categories: firstly, the cost of protecting their rights is higher than the income obtained, and workers cannot afford it; Secondly, some employers threaten workers with "industry blacklisting", causing some workers to worry about "retaliation"; Thirdly, there are also some workers who lack awareness of safeguarding their rights and have an inaccurate understanding of laws and regulations. As a result, there are fewer "serious" workers, and some unscrupulous enterprises have become even more stubborn. To prevent the "probationary period" from becoming a "vacuum period" for protecting the rights and interests of workers, legislative bodies should further improve relevant laws and regulations based on new phenomena and problems, and refine the provisions for protecting the rights and interests of probationary workers. Relevant departments should also guide employers to enhance their awareness of legal employment and establish a sound employment system. If a probationary period assessment is set up, the assessment standards and methods should be clearly communicated to the employees. If the probationary period assessment fails, sufficient factual evidence should also be provided, and the employees should be informed before the end of the probationary period; At the same time, it is necessary to reduce the cost of workers' rights protection, open up channels for workers' rights protection, increase publicity on workers' rights and interests, enhance workers' legal awareness and rights protection awareness, so that workers are no longer "silent lambs" and companies that try to "exploit loopholes" are wary. Building harmonious labor relations requires the law to grow teeth and provide stronger support for workers through stronger measures; Enterprises also need to reverse backward concepts, cherish their own image and reputation, and sincerely respect every worker. Only in this way can both parties in the labor relationship achieve a "two-way rush" and the probationary period return to the original intention of "two-way choice". (New Society)