Probationary Period Six Traps Must Be On Guard.

Another year of graduation, and another year of job hunting.

However, some employers are deliberate, set up various traps, and regard the probationary workers as "cheap and fine" labor force, through the "low wage", "zero wage", "cheap period", "white period" and other illegal means, so that graduates can be cheated and dared to speak. Let's take a look at the pitfalls of working probation.

Some employers do not sign a labor contract with the applicant at the trial stage, or the probation period is equal to the contract period. Many people do not know that this practice is actually illegal.

The nineteenth clause of the labor contract law stipulates that 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. That is to say, the probationary period is dependent on the labor contract and the labor contract as the precondition. There is no probation clause without labor contract, and there is no single probation contract.

The probationary period stipulated by some employers is too long. If a labor contract is signed for 1 years, the probation period will be as long as 6 months.

The nineteenth provision of the labor contract law stipulates that the probation period shall not exceed 1 months if the term of the labor contract is less than 1 years for more than 3 months, and the probation period shall not exceed 2 months if the term of the labor contract is 1 years or less, and the probation period of a fixed term and no fixed term for more than 3 years shall not exceed 6 months. If the terms of the probation period of the labor contract exceed the time limit prescribed by the law, the worker may ask to change the time limit for the corresponding labor contract, or may require the employer to pay the wage for the excess part according to the non probationary wage standard. In addition, according to the eighty-third provision of the labor contract law, laborers have the right to require employers to pay damages.

Some employers often extend or reconfirm the probation period with the workers after the expiration of the original probation period, for the reason that the time is too short, the inspection is incomplete and the efforts need to be continued.

" Labor Contract Law "Article nineteenth provides that the same employer and the same worker can only agree on a probation period. That is, the employer shall not repeat the probation period with the laborer for any reason nor extend the original probation period. If a unit fails to judge whether a worker is competent for a reasonable time during a trial, he should bear the risk.

Some employers regard the probationary staff as the "cheap and fine" labor force. The probationary period is often lower than the minimum wage standard, and even the "zero wage" trial.

The twentieth provision of the labor contract law stipulates that the wages of labourers during probation period shall not be lower than the minimum wage of the same post of the unit or the labor contract agreement. wages The 80% shall not be lower than the minimum wage standard of the place where the employer is located. The wage rights and interests of workers during the probation period are protected by the minimum wage standard and the lowest wage of the same post or 80% of the wage stipulated in the labor contract, so the probation period is not a "cheap period" or "a white period".

Some employers to reduce labor costs, with probationary period not included. Labor contract In the period of probation or trial period, workers do not understand or dare to raise objections without giving workers social insurance.

According to the provisions of the labor contract law and the social insurance law, labor relations are established on the day of self employment. During the probation period, the employer and the laborer also have labor relations. They can not be restricted by the probation period of the laborers or be different from other workers. At the same time, social insurance is a compulsory insurance system implemented by the state. Whether it is a private agreement between employers and workers, whether it is exempt from social insurance premiums or commercial insurance instead of social insurance is invalid.

Some employers believe that, since it is a trial, the employing unit can unconditionally and arbitrarily dissolve the labor contract during the probation period, and many workers think this is a matter of course.

The twenty-first provision of the labor contract law stipulates that during the probation period, the employer can prove that the laborer is not in line with the employment conditions, serious violation of discipline and serious dereliction of duty, and so on, so that he can release the probationary period in accordance with the law. Otherwise, the employer may not terminate the labor contract. If the employer terminates the labor contract during the probation period, he shall also explain the reason to the worker. If the employer fails to prove that the worker does not comply with the employment conditions and dissolves the labor contract at will, the employee is entitled to pay the compensation according to law according to the law.