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The Labor Contract Which Only Stipulate The Probation Period Is Invalid.

2008/12/19 17:06:00 41900

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Brief introduction of the case

In October 8, 2004, Chen signed a contract for employee probationary employment with a biological Limited company. The position is technical work, with a monthly salary of 2500 yuan and a period of 3 months (October 8, 2004).

To January 8, 2005).

At the same time, the company promises to pay 50 thousand yuan a year after passing the test.

After the trial expires in January 8, 2005, the company asked Chen to work in a blank "recruitment of workers".

The contract was signed, and Chen asked the company to sign the service deadline, post, remuneration and so on, but the company delayed until January 28th, informed Chen to hand over the work and leave the company.

In January 31st, the two sides handled the pfer procedures, and the company issued a certificate of resignation for Chen, saying "Chen resigned in January 31, 2005."

Because of the payment of economic compensation, the two sides have a dispute.

Discussion.

Legal provisions for probationary period before January 1, 2008:

Probationary period is the appointment period between employers and workers for mutual understanding and choice.

Regarding the probation period, the labor law of China only stipulates in principle: "the labor contract can be stipulated.

The probation period shall not exceed six months. "

In order to further clarify the probationary period and the term of the labor contract, in 1996, the Ministry of Labor issued a number of questions about the implementation of the labor contract system.

The notice of issue (No. [1996]354 of Labor Department) stipulates: "in accordance with the provisions of the labor law, the labor contract can be agreed on a trial period of not more than six months.

The term of the labor contract is six months.

The following probationary period shall not exceed fifteen days; the term of labor contract shall be less than six months and less than one year, and the probation period shall not exceed thirty days, and the term of labor contract shall be less than one year or less.

The period of use shall not exceed sixty days.

The probation period is included in the term of the labor contract. "

The provisions of the labor contract law shall apply from January 1, 2008 onwards.

The nineteenth rule: "if the term of labor contract is less than one year for more than three months, the probation period shall not exceed one month; if the term of labor contract is less than three years, the probation period shall not exceed two.

A labor contract with a fixed period of three years and a fixed period of time shall not exceed six months.

Only one probation period can be agreed between the same employer and the same worker.

To complete certain jobs.

A labor contract with a duration of employment or a labor contract with a term of less than three months shall not be prescribed for a probation period.

The probation period is included in the term of the labor contract.

The labor contract only stipulates the probation period.

The term is not valid, and the duration is the term of the labor contract. "

analyse and comment on

The key to whether the economic compensation is paid in this case is the determination of the term of labor contract between Chen and the company's labor contract, which directly relates to the validity of the probation period and its labor.

The relationship between the time limit for a moving contract.

Therefore, according to the law, Chen should receive financial compensation.

Editor: vivi