Labor Disputes: Do Not Consider "Probation Period" As "Yes Or No".

Some employers arbitrarily dismiss the laborers during the probation period and seriously infringe upon the legitimate rights and interests of the laborers.

The thirty-ninth provision of the labor contract law stipulates that the employer is entitled to terminate the labor contract when the laborer is proved to be out of employment during the probation period.

In addition, during the probationary period, the employee has a serious breach of discipline, dereliction of duty and invalid labor contract. The employer can also terminate the labor contract in accordance with the law.

Before signing a formal contract, many employers will give

A probationary period.

Recently, the labor and personnel dispute arbitration committee of the Development Zone received complaints from some workers, which reflected that during the employment process, the unit made a big fuss about the probation period and avoided responsibility in various ways.

These acts have infringed on the legitimate rights and interests of workers, and have also thrown stones into their own feet.

Liu Xiaojie, a citizen, went to work in an enterprise in the development zone. The unit said she gave her three months' probation period. The basic salary was only 600 yuan during the trial period.

Miss Liu did not know how the trial period was prescribed, and consulted the people's and Social Development Department of the development zone.

The nineteenth provision of the labor contract law stipulates that the probation 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 shall not exceed two months. The probation period of three years or more with no fixed term shall not exceed six months.

A labor contract or a labor contract with a duration of completion for a certain period of work is less than three months, and no probation period shall be prescribed.

The labor and personnel dispute arbitration committee of the Development Zone believes that the employer has paid the wages of laborers in accordance with the agreed wage standard in accordance with the agreed probationary period.

Some employers have agreed to make an oral agreement for a period of three months or six months after recruiting workers.

In this regard,

"Article tenth stipulates that if a labor relationship has been established and a written labor contract has not been written at the same time, it shall be concluded within one month from the date of the employment.

The labor and personnel dispute arbitration commission of the development zone indicates that the oral agreement is made in the probation period. Once the facts are formed, it can only indicate that the employer and the laborer have not concluded a written labor contract.

If the employer fails to conclude a written labor contract with a worker for more than one month after the date of his own employment, he shall pay the laborer two times the monthly salary in accordance with the eighty-second provision of the labor contract law, and make a written labor contract with the employee.

Recently, Mr. Zhao applied for an enterprise in the Development Zone, and the company agreed with him for two months.

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After the expiry, the unit said Mr. Zhao was not suitable for the current position, and arranged for him to go to other posts, and he had to make a two month probation period.

The labor and personnel dispute arbitration committee of the Development Zone considers that the employing unit and the same worker can only agree on a probation period, and the probation period stipulated again has no legal effect.

When the employer signed a written labor contract for the first time, it did not stipulate the probation period with the laborer. The labor contract with second renewals can no longer stipulate the probation period, and if the employer fails to judge whether the worker can be competent for a job within a reasonable time, he should bear the risk arising therefrom.