What Happens To Different Workers?

Case 1

When he was 18 years old, Alan worked from his hometown to a factory in Shanghai.

The boss said she had no experience, first practiced in the unit, 500 yuan a month wages, until qualified, then become a formal contract workers, the monthly wage of 1000 yuan.

Alan worked hard every day, but after waiting for 6 months, he had not been promoted to a full-time job.

Trap

At present many

In order to avoid the legal responsibility, we should take interns, temporary workers and apprenticeships to reduce labor remuneration.

As long as the workers have graduated, they are separated from the school.

There are no interns in employment.

Workers should require enterprises to give the same labor remuneration and welfare benefits to other workers in the same post.

Case two

Xiao Guang entered a hardware factory in Shanghai this year. The employer signed a contract with Xiao Guang for a year, with a trial period of 6 months.

The employer said that the probationary period is half of the salary. If the performance is good, the probation period can be ended ahead of schedule and converted to a full-time worker.

Xiao Guang works hard every day. After 6 months, Xiao Guang is waiting to finish the probation period and raise his salary.

Trap

Employing units abuse their probation period so as to reduce labor remuneration.

What should I do?

Some employers in order to circumvent the law, reduce the treatment of workers, agreed to excessively long probation period, reduce the cost of personnel, convenient to terminate the labor contract at any time.

Xiao Guang has been working in a unit after the probation period prescribed by law. It can be regarded as a trial period.

Xiao Guang should enjoy the contract term treatment, and can recover the labor remuneration and benefits deducted by the employer after the probation period.

Opinions on Several Issues concerning the implementation of the labour law of the People's Republic of China

The seventeenth labor relations between employers and workers have been formed, and the labor administrative departments should correct them if the employer delays in signing labor contracts intentionally.

If the employing unit causes damage to the workers, it shall make compensation according to the provisions of the labor department's "compensation law for labor contracts stipulated in violation of the labor law".

Labor contract law of the People's Republic of China

If the nineteenth term of a labor contract is not more than one year for more than three months, the probation period shall not exceed one month; if the term of labor contract is less than three years, the probation period shall not exceed two months; the probation period of three years or more with no fixed time limit shall not exceed six months.

Only one probation period can be agreed between the same employer and the same worker.

The probation period is included in the term of the labor contract.

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

The wages of the twentieth workers during the probation period shall not be lower than the minimum wage of the same post of the same unit or eighty percent of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

The twenty-first employer shall terminate the labor contract during the probation period, and shall explain the reason to the worker.