Probationary Period Is Not A "White Period".

Many graduates who have just participated in the work reflect that the employer fails to sign a labor contract during the probation period, but when the probation period expires, he dismissal himself on the grounds of unqualified probation. The probation period becomes a "white period" and his interests are damaged.

There are also workers who are told by the employment unit when they apply for a job, that they will manage to eat and lodge during the probation period, but they will not pay wages. Some workers are considered to be unable to complete their work tasks after the probation period, thus being extended by the employing units.

It is very common for employers to try for a period of time when they are recruited.

This involves several questions: can a trial contract and a formal labor contract be separately signed? Can the probationary period be without payroll? Can the length of the trial period be arbitrarily agreed? Can we make a number of probation periods?

The practice of not signing labor contracts during the probation period violates the relevant provisions of the labor law and the labor contract law.

The probationary period is one of the contents of the Labor Contract negotiated by the employer and the laborer. The labor contract law clearly stipulates that the probation period is included in the term of the labor contract.

If the labor contract only specifies the probation period, the probationary period will not be established. The probation period will be regarded as the term of the labor contract.

That is to say, no matter whether the labor contract concluded by the two parties of the labor contract is a few years' term, if the trial period is agreed, the probation period is included in the whole labor contract period.

No matter whether a labor contract is made after the probation period, no probation period is allowed.

The probation period is not a "free period".

Laborers also provide labour during trial.

The law stipulates that the wages of labourers during the probation period shall not be lower than the minimum wage of the same post of the 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.

Therefore, it is a violation of the relevant regulations to employ workers not to pay wages during the probation period.

The length and frequency of probation period can not be arbitrarily agreed between the two sides.

The nineteenth provision of the labor contract law stipulates that the probation period of a labor contract for more than three months is not more than one month. If the term of labor contract is less than three years, the probation period should not exceed two months. The probation period of three years or more with a fixed term and no fixed time limit shall not exceed six months.

Same

Only one probation period can be agreed with the same worker.

A labor contract or labor with a deadline for completion of certain tasks.

For three months, no probation period can be stipulated.

If the probation period of the illegal agreement has been fulfilled, according to the "

"Stipulates that employers should also pay wages to workers on the basis of the full month wages of the workers during the probation period, according to the period that has been fulfilled over the statutory probation period.

Moreover, during the probation period, the laborers enjoy the same rights and interests as the official work.

According to the relevant regulations, laborers should enjoy the same insurance benefits as other employees in addition to obtaining labor remuneration.

After the establishment of labor relations between employers and workers, social insurance premiums such as pension and unemployment should be paid monthly.

If an employer violates laws and regulations and contracts and causes damage to workers, the laborer shall have the right to receive compensation according to law.

If labor disputes occur during the probation period of labor contracts, the labor arbitration departments of cities, districts and counties may be settled through consultation, mediation and arbitration procedures in accordance with relevant regulations.