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某公司因为业务发展的需要,通过公开招聘与朱强确立了劳动关系,签订了五年的劳动合同并约定试用期为6个月。合同签订后,朱强进入某公司财务部工作。试用期期间,某公司发现朱强对财务方面的知识完全不懂,不能独立工作,而且由于他的过失造成了公司财务混乱,险些导致严重的经济损失。问题出现后,某公司解除了与朱强的劳动合同,并以朱强不符合工作要求为由要求朱强返还三个月公司支付给他的6000元工资。朱强拒不返还。某公司向当地劳动仲裁委员会提请仲裁。《劳动合同法》第39条规定:劳动者有下列情形之一的,
Because of the need of business development, a company established labor relations with Zhu Qiang via open recruitment and signed a five-year labor contract and agreed that the probationary period should be 6 months. After signing the contract, Zhu Qiang entered the finance department of a company. During the probationary period, a company found that Zhu Qiang had absolutely no knowledge of the financial aspects and could not work independently. Moreover, due to his negligence, the Company caused financial confusion and almost caused serious economic losses. After the problem appeared, a company lifted the labor contract with Zhu Qiang, and Zhu Qiang did not meet the job requirements on the ground that Zhu Qiang should return the three-month salary paid by the company to him. Zhu Qiang refused to return. A company submits the arbitration to the local Labor Arbitration Commission. Article 39 of the Labor Contract Law stipulates that if a worker has any of the following circumstances,