Signing Labor Contracts Carefully And Beware Of "Six Traps" In Probation Period

< p > < strong > trap 1: try to qualifying and sign labor contracts again.

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< p > first try to sign "a href=" http://www.91se91.com/news/index_q.asp "> labor contract < /a >. Generally, there is no sign of labor contract in trial stage, and trial period is equal to contract period.

According to the nineteenth provision of the labor contract law, "the probation period is included in the term of the labor contract.

The labor contract only stipulates the probation period, and the probationary period is not established. The term is the term of the labor contract.

That is to say, the probationary period is dependent on the labor contract and the labor contract as the precondition. There is no probation clause without labor contract, and there is no separate "probationary contract".

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< p > < strong > trap two: the probationary period exceeds the statutory period < /strong >.

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< p > < < a > href= > http://www.91se91.com/news/index_q.asp > < < /a > > too long. If a one-year labor contract is signed, the probation period will be as long as 6 months.

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< p > labor contract law stipulates: "if the term of labor contract is more than 3 months or less than 1 years, the probation period shall not exceed 1 months. If the term of the labor contract is 1 years or less, the probation period shall not exceed 2 months; the probation period of a fixed term and no fixed term for 3 years or more shall not exceed 6 months."

If the terms of the probation period of the labor contract exceed the time limit prescribed by the law, the worker may ask to change the time limit for the corresponding labor contract, or may require the employer to pay the wage for the excess part according to the non probationary wage standard.

In addition, according to the eighty-third provision of the labor contract law, laborers have the right to require employers to pay damages.

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< p > < strong > trap three: unauthorized extension of probation period or multiple trial.

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< p > some employers often extend or reconfirm the probation period with the workers after the expiration of the original probationary period, for the reason that the time is too short, the inspection is not comprehensive, and they need to continue to work hard.

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< p > the nineteenth provision of the labor contract law stipulates: "the same employer and the same worker can only agree on a probation period."

That is, the employer shall not repeat the probation period with the laborer for any reason nor extend the original probation period.

If a unit fails to judge whether a worker is competent in a reasonable period of trial, he should bear the risk.

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< p > < strong > trap four: the probationary period is lower than the minimum wage.

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< p > some employers regard the probationary staff as the "cheap and fine" labor force. The probationary period wages are often lower than < a href= "http://www.91se91.com/news/index_q.asp" > the minimum wage standard < /a >, or even "zero wage" trial.

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< p > the twentieth provision of the labor contract law stipulates: "the wages of labourers in the probation period shall not be lower than the minimum wage of the same post of the same unit or 80% of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the employer's place."

The wage rights and interests of workers during the probation period are protected by the minimum wage standard and the lowest wage of the same post or 80% of the wage stipulated in the labor contract, so the probation period is not a "cheap period" or "a white period".

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< p > < strong > trap five: during the probation period, no social insurance premium will be paid for the employees.

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< p > some employers in order to reduce the cost of employment, the probationary period is not included in the term of the labor contract, or on the expiry of the probationary period, and do not give workers "a href=" http://www.91se91.com/news/index_q.asp > social insurance < /a >, workers often do not understand or dare to raise objections.

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< p > according to the provisions of the labor contract law and the social insurance law, labor relations shall be established from the date of their own employment. During the probation period, the employer and the laborer shall also have labor relations. They shall not be restricted by the probation period of the laborers or be treated with other laborers.

At the same time, social insurance is a compulsory insurance system implemented by the state. Whether it is a private agreement between employers and workers, whether it is exempt from social insurance premiums or commercial insurance instead of social insurance is invalid.

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< p > < strong > trap six: dismissal of employees during the probation period.

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< p > some employers believe that since the trial is being made, the employer can unconditionally and arbitrarily dissolve the labor contract during the probation period, and many workers think this is a matter of course.

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< p > according to the twenty-first provision of the labor contract law, during the probation period, the employer can prove that the laborer does not comply with the employment conditions, serious violation of discipline, serious dereliction of duty and invalid labor contract and other statutory lifting cases, so that the probationary period can be relieved. Otherwise, the employer may not terminate the labor contract.

If the employer terminates the labor contract during the probation period, he shall also explain the reason to the worker.

If the employer fails to prove that the worker "disagrees with the employment conditions" and dissolves the labor contract at will, the employee is entitled to pay the compensation according to law according to the law.

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