Four Major Cognitive Mistakes In Probation Period

No! The probationary period mainly depends on the duration of the labor contract:

The term of labor contract is less than 3 months, <1 years, and the probation period is less than 1 months.

The term of labor contract for 1 years is <3 years, and the probation period is less than 2 months.

The term of a labor contract is more than 3 years or has no fixed term, and the probation period is less than 6 months.

<3 months or completion of certain work tasks for the duration of the labor contract, probationary period is not established.

No! Probationary period has been determined in the labor contract, and no probationary period can be established.

If the job is adjusted during the probation period, the probation period that has been consumed before is not required to be redone, so long as the remaining probation period is continued.

In case of changing departments, the two sides will change the probation period according to the law. The trial period that has already been fulfilled will not be recalculated, but the remaining probation period will be performed according to the new probation period.

Q3: do you want to go back to grass after you leave? Do you still need to go through a probation period again?

No! After leaving from A, after a while, she joined A again. Even if she was engaged in different jobs, the company could not set up a probationary period.

However, if the entry companies are different companies under the group, if the legal entity is not the same employer, even if they are affiliated companies, the new unit can still have a probationary period.

But we should pay attention to that the affiliated companies must be independent legal persons, and the branch companies are not independent legal persons.

Note: only one probation period can be agreed between the same employer and the same worker.

Q4: will the probationary period be corrected only by the one-sided statement of the unit?

No! The unit terminates the labor contract of the employee during the probation period, and proves that the employee is not qualified for the employment.

There are three elements that do not conform to the terms of employment:

1, first of all, the unit should make sure that its employment conditions are legal and effective, such as the fact that employees do not provide marital status or pregnancy if they are actually employed.

2, second, the unit must prove that its employment conditions have already enabled employees to know when they are in the position.

3, finally, the unit must prove where the staff does not meet the employment conditions. This proof must be based on real evidence, not just on the basis of feeling.