What Are The Provisions Of The Labor Law For Probation?

I will graduate from university next year, and I am looking for a job recently.

I find that every unit involves the probation period, so I would like to ask what regulations do we have in the probation period.

According to China's correlation

It is stipulated that when a labor contract is signed between the employer and the worker, the probation period can not be stipulated, or the probation period can be stipulated.

However, the maximum probation period shall not exceed 6 months.

Among them,

The probationary period shall not exceed 1 months if the term is above 3 months or less than 1 years, and the probation period shall not exceed 2 months if the term of the labor contract is less than 3 years, and the probation period of a fixed term and no fixed term for a period of 3 years or more shall not exceed 6 months.

Probationary period is included in the labor contract.

Medium.

In a part-time labor contract, a probationary period shall not be prescribed, and a labor contract with a period of time for completion of certain tasks or a contract period of less than 3 months shall not be prescribed for a probationary period.

The lawyer reminded that the probationary period is an appointment period for the mutual understanding and choice between the employer and the employee after the establishment of the labor relationship. Generally speaking, it is suitable for the laborers who change their jobs or jobs in the first employment or re employment.

Therefore, during the probation period, if the worker is proved to be unsuitable for the employment conditions, the employer may cancel the contract at any time, and the worker considers that the work of the employer is not suitable for him during the probation period, and may also terminate the contract at any time.

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In the party and government organs, public institutions and state-owned enterprises, "temporary employees", as well as a large number of employees in small and medium-sized private enterprises, still can not enjoy the rights stipulated in the labor law.

Especially in some small and medium-sized private enterprises, the phenomenon of signing labor contracts, arrears of wages for workers and staff members, no "five risks and one gold" for workers, and no adequate rest time and statutory holidays for workers are common occurrences, which seriously violates the relevant rights of workers.

The first reason is that the desire of some managers to interact with the distorted views of local government officials leads to the formation of effective supervision and management mechanism.

On the one hand, the managers of small and medium-sized enterprises face the vast labor market. They think that "three legged toads are rare, and two legs are many". They rely on themselves as employers and ignore the legitimate rights and interests of workers.

On the other hand, some local government departments, for political achievements and local interests, have a "blind eye" to some illegal SMEs.

Two, no matter employers or workers, the legal awareness is very weak.

Some employers even think that "failing to give employees five risks and one gold" is a mistake and mistake in their work.

However, the employed party often suffers from the lack of awareness of safeguarding rights in accordance with the law, and does not defend their legitimate rights and interests with legal weapons. Many people choose to swallow it.

At the same time, we should also face up to the current situation of SMEs themselves.

By the end of 2013, the number of SMEs registered in China exceeded 4200, accounting for more than 90% of the total number of enterprises in the country, creating nearly 60% of China's total economic output.

However, small and medium-sized enterprises face many difficulties in their development, such as small scale and poor ability to resist risks. Under the pressure of various names of taxes and imperfect market economic systems, some managers are forced to discount their employees' social insurance and cut down their expenses.

It should be emphasized that although the problem of violating labor laws is the result of internal and external joint actions, the external pressure can not be used as an excuse and a pretext for self inaction.

While perfecting the law and system construction, it is also necessary for every SME manager to enhance their legal sense and assume corresponding social responsibilities.