How To Solve The Problem Of "Overdue" Trial?

My son graduated more than a year ago. Recently, he was hired by a company. He said he would try it first and perform well.

It was normal to think about it, so he went to work.

The monthly salary is only 3 thousand yuan, often.

A little more than half a year has not been corrected.

When asked by the company, the personnel manager said that when the time was right, the personnel department did not have the final say.

On that day, his performance was approved by the president, and the day would be positive.

Is this correct? This kind of employment is too arbitrary. In fact, we have been doing the work of popularizing the law. Now the workers have a strong sense of self-protection. However, some units do not seem to have common sense. Of course, some are deliberate.

Here I would like to introduce three views for your reference.

First, about

Problem.

In addition to the essential provisions stipulated in the labor contract, employers and workers may agree on other matters such as probation period, training, keeping secrets, supplemental insurance and welfare benefits.

With regard to the relevant rights and obligations in the probation period: the term of the labor contract for more than three months is less than one year, and the probation period shall not exceed one month; if the term of the labor contract is less than three years, the probation period shall not exceed two months; the probation period for a labor contract with a fixed period of three years or without a fixed term shall not exceed six months.

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

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

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

The wages of labourers 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.

The employer may notify the employer within three days of the probation period.

。

As can be seen from the above provisions, the length of probation period is determined according to the length of life of the labor contract, and now the employer's arbitrary extension is obviously not in conformity with the legal requirements.

Second, about the issue of correction.

Before the expiration of the probation period, the unit must give a statement: go or stay.

There is no problem left. To let workers leave, they must comply with the law.

In accordance with the thirty-ninth provision of the labor contract law, the employer may rescind the labor contract in one of the following circumstances: it is proved to be inconsistent with the employment conditions during the probation period, and seriously violates the rules and regulations of the employing units.

If the unit says that the employees do not meet the recruitment requirements, the premise is to inform the staff of the employment conditions and let the employees compare them. If the staff members are in violation of the system, the unit must give evidence, which is violated, and how it is violated rather than casual; in practice, if it is really out of good faith, it is necessary to extend the trial and give the workers a chance, but the premise is to inform or make the staff confirm that he does exist some cases that do not meet or fail to meet the requirements. The two is to reach an agreement on the extension of the time limit and the treatment, so that the unit can be counted on to do everything, and the workers will not complain.

Third, the issue of extended trial.

Now, after the probation period and the excuse of the unit, the chief executive has not made a list of the reasons why the workers can not turn right.

In accordance with the eighty-third provision of the labor contract law, the employing unit violates the provisions of this Law and stipulates the probation period with the laborers, and the labor administrative department shall order it to make corrections. If the period of trial prescribed by the law has been fulfilled, the employer shall pay the laborers the compensation according to the standard of the full month wages of the laborers during the probation period and according to the period that has been fulfilled over the statutory probation period.