The Probationary Period Can Not Be Re Established When The Staff Position Changes.

In March 2014, Xia MOU signed a 3 year labor contract with a cosmetics sales company. In the contract, Xia Mou is engaged in the sales agency work, the salary is the base salary and the Commission, the probation period is 6 months. During the trial period, the sales performance of Xia Mou was mediocre. After the expiry of the trial period, Xia Mou was told that the sale was inappropriate and transferred to the secretarial post. At the same time, because of changing jobs, we need to re try it for 6 months.

The probation period is Worker And the employer's appointment for mutual understanding and choice. The employing unit may stipulate a probationary period with a certain period of time in accordance with the term of the labor contract.

At the same time, in order to prevent employers from abusing the probation period, Labor Contract Law "The nineteenth clause and the second paragraph stipulate that" the same employer and the same worker can only make one appointment. Probation period " During the probation period, if the laborer fails to meet the employment requirements of the employer, and there is evidence that the unit can terminate the labor contract with the worker, the probationary period can not be re established on the grounds that the labourers' ability remains to be improved and the posts transferred.

Therefore, when the cosmetics sales company expires in summer, it is not in conformity with the law to reassign the probation period.

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When the old employee submitted his resignation to the company, he was assigned to the new company registered at the same address. After that, he was expelled from the company. After that, he was expelled. How did he calculate his working life? Recently, a people's court heard a special case of labor dispute. The age of the first instance of the plaintiff's alias (alias and defendant) was calculated by combining the working experience of the two companies, and the defendant Sanshui company (alias and plaintiff) paid 100 thousand yuan for the compensation.

Ah Shi entered Ruyi company (alias) in September 1996 to engage in spectacle assembly. In December 2011, Al Shi resigned from Ruyi company, Ruyi company did not pay financial compensation. In January 1, 2012, a stone entered Sanshui company to engage in the assembly of presbyopic glasses, and signed a labor contract for 3 years. The memorabilia of Ruyi company celebrations has recorded that in April 2008, Sanshui company was set up. In February 12, 2014, Ruyi company cancelled its merger with Sanshui company, and all debts and debts were undertaken by Sanshui company.

In April 10, 2014, Sanshui lifted its labor relations on the ground of a violation of the company's rules and regulations and destruction of company property. In June 4th of the same year, Sanshui company reported that the semi-finished lens was deliberately damaged, but the police did not file a case.

In July 6, 2014, the Labor Arbitration Commission ruled that Sanshui company paid 9033.2 yuan to the stone company. However, both sides disagreed with the arbitral award and filed a lawsuit against the court.

Ah Shi believes that its work from Ruyi company to Sanshui company is arranged by the original company, and the workplace and jobs are unchanged. The two company is affiliated company. Its resignation in 2011 was a false resignation. The Department was not assigned to work in the new unit for reasons of itself. Therefore, when calculating the working years, the working life of the new and old units should be combined. The Sanshui company's dismissal of its behavior was an illegal termination of the labor contract, so the court was asked to order the Sanshui company to pay the compensation for the illegal termination of the labor contract by 134 thousand yuan.

Sanshui company believes that the company's dissolution of the labor contract with Al Shi is due to its deliberate damage to the lens, which is reasonable and lawful. In addition, Sanshui company relocated in April 2013, and Ruyi company is two independent legal entities, not affiliated companies. Ah Shi resigned for personal reasons. There was no coercive situation of Ruyi company. He signed a labor contract in January 1, 2012. The length of service should be calculated from that time and should not be combined with the previous years.

After the trial, the court held that, in the event of a labor dispute, the parties concerned have the responsibility to provide evidence for their claims. Sanshui company expelled Alice from the company's violation of the company's rules and regulations and sabotage of its property. However, the evidence provided by him failed to prove that the company had committed damage to the company's property. Although the Sanshui company had called the police to deal with it, the police did not initiate a case investigation and did not produce the result. The lens of Sanshui company was damaged and could not be identified as Ai Shi. Therefore, the Sanshui company expelled the stone from it and lacked the facts and legal basis. It should be regarded as a labor contract for illegal dissolution and Ai Shi.

Accordingly, the court made the decision.