Why Is The Trial Period Postponed And The Overtime Pay Dragged On?

The employee entered the company and signed the labor contract, and agreed the probation period. But after the trial expired, the company asked for an extension of the probation period for the two time.

A few days ago, Liu Xiang, who had just entered the workplace for six months, was consulted. His first official job encountered such worries. What should I do?

According to Xiao Liu, he was a new employee from school last year.

Because his major is not very good, it is difficult to find a job.

He handed out his resume everywhere and was finally hired by a private company, which was mainly responsible for administrative work.

Once he entered the company, the personnel manager asked him to sign the labor contract. The contract stipulate that the contract period is one year and the probation period is 2 months.

The manager also said that the working hours of the company were "nine to five", and the wage during the probation period should be doubled, so that the official salary of the contract can be obtained after the probation is qualified.

He saw the contract and felt that there was nothing wrong with it.

His work is said to be administrative. In fact, there are quite a lot of work in charge, and the company has not arranged any colleagues to teach. He has to grope for himself to do a lot of work.

For this reason, he has not been criticized by the boss less.

Will he be unable to pass the probationary period? With such a nervous mood, he finally got through the probation period of two months. Who knows, the boss said that he did not perform well during the probation period, and originally wanted him to leave. Now give him the opportunity to extend the probation period of two months, and then watch his performance again.

Who knows, after two months expired, the boss is still not satisfied with him, and asked to extend the probation period again.

What is the time of his probation? When he disagrees, his job is very complicated. He has to work overtime every day. He works overtime every day, and every day he goes to work for nine nights.

However, the overtime pay that had been announced at the time of recruitment was never given to him.

He also asked the personnel manager about overtime pay. The personnel manager said impatiently that he would send it without urgent.

But after six months, he never got his overtime pay.

Chen Yuan, lawyer of Beijing Ying Ke (Shanghai), said it was illegal for both companies to postpone the probation period or to delay overtime.

Probationary period is not "casual period", for trial period, the law is clearly stipulated.

First, the probationary period should not exceed the deadline.

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"It is clear that the probation period shall not exceed one month, if the term of labor contract is less than one year for more than three months, and the probation period shall not exceed two months if the term of labor contract is less than three years, and the probation period of three years or more with no fixed time limit shall not exceed six months.

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

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

Secondly, the probationary period of wages should not be too low.

The labor contract law is clear.

During the probation period, the salary 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 place where the employer is located.

Finally, during the "probationary period", the wages should be paid according to the correct wages.

The labor contract law stipulates that when the probation period prescribed by law has been fulfilled, the employer shall pay the laborers according to the standard of the full month wages of the laborers during the probation period.

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About overtime pay, Chen Yuan lawyer said that the company should not only pay on time, but also be issued according to the standard.

The standard of overtime pay is to arrange for workers to extend their working hours beyond the statutory standard working hours. They shall be paid in accordance with 150% of the hourly wage of the workers themselves. If workers are arranged to work on rest days, and they can not arrange supplementary vacations, they shall be paid in accordance with 200% of the daily or hourly wages of the laborers. Arrangements for workers to work on statutory holidays should be paid in accordance with 300% of the daily or hourly wage of the workers.

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