It Is Very Important For Employees To Learn To Use The Law Actively.

There are six major misunderstandings in the probation period of the employee. One is to guard against whether the trial contract is signed separately from the labor contract; the two is to extend or shorten the probationary period of the employee; three, whether the probation period of the unit segment is lawful; four is whether the employee can participate in social security after the conversion; four, how can he fail to try the staff with incompetent job; six, whether it can dismiss the employee after the trial fails.

Although the laborer's entry into the employer has a probationary period, the employee's rights during the probation period are subject to certain restrictions.

For example, "the wages of the laborers during the probation period shall not be lower than the minimum wage of the same post of the unit or eighty percent of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the employer's place".

During the probation period, the employer has rescinded the labor contract which is proved to be not in line with the employment conditions, and does not need to pay the economic compensation.

Therefore, the labor contract law has imposed strict restrictions on the probationary period of the laborers: "the probationary period of a labor contract for more than three months is not more than one month; if the term of labor contract is less than three years, the probation period should not exceed two months; the probation period with a fixed term and no fixed term for more than three years shall not exceed six months.

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

Therefore, employers shorten the probation period of employees.

Consensus will not cause actual harm to workers.

Although the workers who have passed the probation period have to notify the employing unit 30 days in advance, they can really leave, and there is no legal requirement for the laborers to pay the monthly wages of the employing units.

However, it is illegal for employers to extend the probation period of employees.

Therefore, the employer's infringement on the laborers during the probation period is mainly considered in four aspects: whether it has signed a formal labor contract: whether the probation period is in line with the legal provisions; whether the probationary period has paid the employees' social insurance for the probationary period, and the staff members during the probation period.

Is it in conformity with the law?

Once a college graduate of a state-owned enterprise, the enterprise signed a labor agreement with her first, and said that after the probation period was qualified, the labor contract was changed.

She worked for over half a year, and the employer did not notify her to change the labor agreement into a formal labor contract.

In the traditional way of state-owned enterprises, a formal labor contract is regarded as a "correction" for employees.

When the girl was worried, she asked a worker's newspaper what to do. The reporter told her that the "probation period" should not exceed half a year. She could ask the enterprise human resources department to sign a formal labor contract immediately, otherwise it would not sign the double wage of the labor contract.

But the girl cherished the hard won work and was afraid to leave a bad impression on the leader.

The reporter advised her to find an enterprise union, and asked the trade union to urge the enterprise to make a formal appointment with her.

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In reality, laborers do not know the law and can learn. They can not remember the legal provisions to consult others, and the Internet is ubiquitous.

The terrible reason is that the workers are unwilling to offend their leaders and lose their jobs.

In fact, when employees encounter the problem of illegal infringement by employers, if enterprises establish trade unions, they may seek help from trade unions, and trade unions have the responsibility to help workers and enterprises to make their management regular.

However, not all problems can be helped by trade unions. For example, enterprises do not pay social insurance premiums for the probationary employees, so they need to report to the labor supervision department.

Therefore, workers need to know that law is the greatest justice, not only when they encounter problems, but also to take the initiative to learn the law.

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