The Employer Can Only Make A Probation Period With The Employee.

Consultation: I am a labor and capital worker of a certain unit. Because of the needs of the development of the unit, I urgently need to recruit several salesmen.

One of the applicants was Chen, who worked in my company.

Considering that Chen is familiar with the work of the unit, he plans to recruit Chen again for sale.

The sales post of Chen applied for this job is similar to the previous one.

The nature of the work is different. May I ask whether my unit and Chen can agree on a probationary period in the new labor contract?

Answer: according to the relevant person in charge of the telephone consultation service center of Tianjin's human resources and social security, according to the document on the revision of the People's Republic of China labor contract law (Chairman's order No. seventy-third [2012]), "the same"

Only one appointment with the same worker.

"

If the employer recruited Chen, even though Chen's job was different from his previous job, the unit could not agree on the probation period again in the labor contract.

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Laid-off worker Li Zhong was introduced to a foreign enterprise in June 2008 and worked as a doorman.

In September 25, 2014, the company relieved labor relations with Li on the grounds of changes in internal management.

Labor relations continued from June 2008 to September 25, 2014, totaling 6 years and 3 months.

In the past 6 years, the company has not signed labor contracts with Li Zhong, nor has he paid any social insurance for Li, such as pension, medical care, unemployment, etc.

Li Zhong has repeatedly found the person in charge of the enterprise and asked to pay social insurance for him, but he was refused because he was a temporary worker.

Li Zhong had to pay old-age insurance and medical insurance on time in his own name.

After Li Zhong was dismissed by the unit, he had repeatedly found complaints from departments concerned that they had no complaints.

In order to safeguard his legitimate rights and interests, Li visited the petition Office of the Xi'an Federation of trade unions in December 2, 2014 and asked the trade union to help him safeguard his legitimate interests.

The basic case of Li Zhong case: enterprises violate the labor contract law and social insurance law, refuse to sign labor contracts with workers, do not pay social insurance for employees, arbitrarily terminate contracts, infringe upon the legitimate rights and interests of workers.

To help Li in safeguarding rights, we must first confirm that Li Zhonghe has labor relations in employing units.

Through the investigation and understanding of the trade union petition room, a large amount of evidence has been obtained, which proves that Li and some enterprises have labor relations.

Subsequently, the trade union and the enterprise have been contacted, and the staff of the company have a strong attitude, explicitly denying the Union's mediation.

According to the relevant regulations, the trade unions petition room decided to take legal proceedings, provide legal aid for Li Zhong, and appoint special agents to represent him in litigation.

According to the legal procedure, the arbitration committee of the Huxian labor and personnel dispute is first arbitrated by the contract performance.

During the court hearing, the labor union provided the arbitration tribunal with the "Notice of dismissal" and "the 12 months' payroll" of the laborers and so on, which strongly proved the labor relationship between the laborers and the employing units. According to the relevant laws, three suggestions were put forward on the application of the applicant in the facts and the application of the law: first, the pension insurance and medical insurance compensation: according to the regulations of the social insurance collection Ordinance, the payment of social insurance is not only the legal obligation of the laborers, but also the legal obligation of the employing units. The employing units should pay the old age insurance and social insurance for the workers.

The two is the issue of economic compensation: according to the provisions of the forty-sixth and forty-seventh articles of the labor contract law, the employing unit should immediately pay the economic compensation to the worker according to his working life when he dissolves the labor relations between the two parties.

The three problem is unemployment insurance: according to the implementation of the unemployment insurance Ordinance of Shaanxi Province, the employing units should pay unemployment insurance according to law. When relieving the labor relationship between the two sides, laborers can enjoy the monthly payment of unemployment insurance benefits.

Because the employer failed to pay unemployment insurance according to the law, Li Zhong could not receive unemployment benefits on a monthly basis.

Therefore, the applicant's loss in Li Zhong should be applied to the enterprise.

After two sessions, the agents appointed by the trade unions supported the legitimate rights and interests of the workers on the basis of facts and weapons.

The employer agrees to the conciliation of the Arbitration Commission.

In December 16, 2014, after arbitration, the Huxian Arbitration Commission ruled that the total cost of the applicant's economic compensation to the applicant was 31000 yuan, which was paid within 3 working days after the entry into force of the mediation agreement.

The two sides signed the labor dispute settlement agreement and settled the case.

The second and tenth articles of the labor contract law expressly provide for the establishment of labor relations between employers and workers in People's Republic of China, such as enterprises, individual economic organizations, private non enterprises, etc., and a written labor contract shall be concluded with the laborers.

It also stipulates that a written labor contract shall be concluded within one month of the day of the work of self employment, if the labor relations have been established and the written labor contract has not been concluded at the same time.

The fourth article of the social insurance law is that employers and individuals in People's Republic of China pay social insurance according to law.

The company infringes upon the legitimate rights and interests of the workers. The workers, with the help of the trade union, take the law as a weapon to recover justice, and fully demonstrate that the law is fair.

At the same time, enterprises should be reminded to abide by the law and discipline, otherwise they will be severely punished by law.