Workplace Labor Laws: Probationary Period Is Not Exemption Period.

< p > < < a href= > http://www.91se91.com/news/index_c.asp > labor force > /a > market supply exceeds demand. Labor and social security department finds that illegal actions of some employers taking the probation period are frequent. Some employers may not sign contracts with workers, pay no social insurance, or arbitrarily extend the probation period during the probation period. Some enterprises will also dismiss employees who are still in the probation period with a rude and simple sentence "do not meet the requirements of enterprises". These practices have impair the legitimate rights and interests of workers. For this reason, the labor and social security department reminds employers of illegal employment during the probation period, and they also need to be punished by regulations. < /p >
< p > because some workers themselves are in a weak position, and are not familiar with the relevant labor laws and regulations, they do not know that they have timely applied laws and regulations to appeal to the labor and social security departments. Therefore, they have lost the opportunity to safeguard their legitimate rights and interests. To this end, labor and social security departments remind workers to see through the unit's probationary period of irregularities. During the probation period, workers must be vigilant if they find that the employer has the following behaviors, because the unit is likely to have violated the provisions of laws and regulations. < /p >
< p > < strong > trial period begins: contract can be dragged away, /strong > /p >
< p > at the beginning of this year, Liu Qin (a pseudonym) was hired by a hotel as a waiter. The two sides agreed to have a probationary period of three months. When he asked to sign a labor contract with the unit, the unit's attitude was very tough and told him that he would not sign labor contracts during the probation period. His arms were not up to his thighs, so he had to work first. < /p >
< p > < strong > policy interpretation: the probationary period is the term of labor contract < /strong > /p >
< p > according to the relevant provisions of the labor contract law, the establishment of labor relations should be written labor contracts. If a labor relationship has been established and a written labor contract has not been written at the same time, a written labor contract shall be concluded within one month from the date of the employment. The probation period shall be included in the term of the labor contract. The labor contract only stipulates the probation period. < a href= "http://www.91se91.com/news/index_c.asp" > probationary period < /a > shall not be established, and this time limit is the term of the labor contract. That is to say, within one month from the establishment of a labor relationship, even if it is still in the probation period, the unit must sign a written labor contract with the individual. < /p >
< p > punishment may be: if the employer violates the regulations, it may, according to the eighty-second provision of the labor contract law, make a written labor contract not more than one month after the employer has worked for more than one month from the date of his employment, and shall pay the laborer two times the monthly salary. < /p >
< p > probationary period: trial time can be longer and longer than /p.
< p > An Qiang (a pseudonym) after graduating from college, he applied for a job in a cultural company and signed a labor contract with a term of three years, with a trial period of three months. After the expiration of three months, the company personnel said to Xiao an, because of his lack of experience, the probation period should be increased by three months. Considering that he really wants to work in this company, he is too eager to say anything, but he has to obey it. < /p >
< p > < strong > policy interpretation: the probation period has < a href= "http://www.91se91.com/news/index_c.asp" > time limit < /a > /strong > /p >
< p > labor law twenty-first stipulates: "labor contract can be agreed on probation period. The longest probation period should not exceed six months. The length of the probation period is determined according to the time limit of the labor contract. There is no upper limit for the probationary period, and even the appointment period is not required. < /p >
< p > the nineteenth provision of the labor contract law stipulates that the probationary period shall not exceed one month if the term of the labor contract is less than one year for more than three months, and the probation period shall not exceed two months if the term of the labor contract is less than three years, and the probation period of three years or more with no fixed period shall not exceed six months. Only one probation period can be agreed between the same employer and the same worker. A labor contract with a deadline for completion of a certain task or a labor contract with a term of less than three months shall not be prescribed for probation. < /p >
< p > punishment may be: the eighty-third provision of the labor contract law stipulates that the employing unit violates the provisions of this Law and stipulates the probation period with the laborers. The labor administrative department shall order it to make corrections. If the period of trial prescribed by the law has been fulfilled, the employer shall pay the laborers the compensation according to the standard of the full month wages of the laborers during the probation period and according to the period that has been fulfilled over the statutory probation period. < /p >
< p > < strong > the end of the probation period: the employee can "send away" < /strong > /p >
< p > Lu Ping (a pseudonym) was able to apply for an operator's job in a garment factory. The labor contract signed by the garment factory and he signed a trial period of two months. For fear of losing his job, he worked very hard. But by the time of a month and a half, he saw "victory is in sight". The personnel director of the factory suddenly told him that he did not need to continue to work in the unit. One reason for asking is that his work during the probation period is unqualified, which makes Xiao Lu very depressed. < /p >
Policy interpretation: < p > < strong > policy: dismissal of employees during probation period shall provide basis for < /strong > < /p >
< p > according to the thirty-ninth provision of the labor contract law, the employer may rescind the labor contract if the worker is proved to be out of employment during the probation period. However, if the employer decides to terminate the labor relations between the two parties on the ground that the laborers do not meet the employment requirements during the probation period, the employer should first prove that he has already presented the employment conditions to the workers, or both parties have agreed on the employment conditions, and must prove that the laborers can not really reach the employment conditions, and the employer can exercise the rescission right of the labor contract. < /p >
< p > if the employer fails to give evidence to prove that he has informed the employee of the employment conditions or agreed to have employment conditions, it is illegal to terminate the labor contract on the grounds that the workers do not meet the employment conditions and the basis for the termination of the labor relationship is inadequate. < /p >
< p > possible punishment: in accordance with the eighty-seventh provision of the labor contract law, if the employing unit violates the provisions of this law to terminate or terminate the labor contract, it shall pay compensation to the laborers in accordance with two times the standard of economic compensation stipulated in the forty-seventh provision of this law. Of course, if a worker does not want to terminate his labour relations, he can also ask for a resumption of labor relations with the unit. < /p >