If the probationary period exceeds the statutory period, is the contract signed?

Not counted. 1.From the moment you formally establish an employment relationship with the employer, the employer should sign the employment contract with you in a timely manner and complete the signing of the employment contract within the first month.

If you have not signed the contract for more than one month, you can ask the employer to pay double the salary from the expiration of the first month to the present, and request to sign a replacement contract.

2.Retroactive payment of social insurance premiums from the year the de facto employment relationship was established to the present.

3.If the employer refuses to sign the employment contract and dismisses you, you can apply for labor dispute arbitration and ask the employer to pay additional compensation (double the economic compensation). The number of years of compensation is calculated from the time you enter the unit, and more than 6 months will be compensated according to one month's salary.

The probationary period beyond the statutory period is not the same thing as whether the contract has been signed or not, and should not be confused.

If the probationary period exceeds the statutory period, the employee can apply for compensation, and the contract can only be considered as signed after one year of service.

If you sign it, you sign it, you don't sign it, you don't sign it, it's not that the contract is automatically signed after the probation period, so you must know if you sign it yourself or not.

The probationary period can be agreed, and the longest is not more than the statutory one, and the probationary period is calculated only after the contract is signed.

If the probationary period exceeds the statutory period, is the contract signed? Not necessarily, it depends on the employer, the agreement at the time of your employment, the signing of the labor contract needs to be signed by yourself.

It is also considered to be a contract, and the law stipulates that the probationary period is three months, and if there is no dismissal after three months, it is considered an employment.

Article 83: Legal responsibility for illegally agreeing on a probationary period.

If an employer violates the provisions of this Law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period.

Legal analysis: If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on a probationary period.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80% of the minimum wage for the same position in the employer or the pre-employment salary agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.