Can I still sign a formal contract with the employer after signing a probationary labor contract wit

First of all, the labor law stipulates that there is a probationary period of 1 to 3 months in the labor contract, so there is no such thing as a probationary contract, and this argument is completely a labor dispatch company to fool the employee.

Secondly, after the probationary period, then it is necessary to go through the formalities of regularization, and the labor contract must include the probationary period.

Finally, in this case, you have to take the contract and report it to the labor bureau for processing.

The relationship between you and the labor dispatch company is an employment relationship, and as long as it is an employment relationship, the Labor Contract Law can be applied, so if you are on probation, you can terminate the labor contract in accordance with Article 37 of the Labor Contract Law and the employee notifies the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period. and terminate the labor relationship.

However, if you terminate the labor relationship with the labor dispatch company, you will not be worried about the problems between the labor dispatch company and your current employer.

No, if an employee signs a labor contract with the employer without terminating the labor relationship with the dispatch company, and causes losses to the dispatch company, the employee shall be liable for compensation.

In accordance with the Labor Contract Law

Article 39.

The employer may terminate the labor contract if the employee falls under any of the following circumstances:

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

Article 91.

If an employer recruits a worker whose labor contract has not been terminated or terminated by another employer, and causes losses to the other employer, it shall be jointly and severally liable for compensation.

Key points of application of Article 91 of the Labor Contract Law:

1.The premise for the employer to bear joint and several liability is that there must be fault, that is, the employer's joint and several liability is fault liability.

2. In the event that the new employer is at fault, the original employer may request the employer and the employee to jointly bear the liability for compensation, or may arbitrarily choose the employer or the employee to bear the liability for compensation.

Legal Analysis: No. According to the Labor Contract Law of the People's Republic of China, the employer and the employee can only agree on a probationary period, and labor dispatch is applicable to temporary, auxiliary or substitute positions, and there is no practice of agreeing on a probationary period.

Therefore, there is no employment relationship between the employer and the dispatch worker, so the probationary period cannot be agreed.

Legal basis: Article 58 of the Labor Contract Law of the People's Republic of China A labor dispatch unit is an employer for the purposes of this Law and shall fulfill its obligations to its employees. In addition to the matters provided for in Article 17 of this Law, the labor contract concluded between a labor dispatch unit and a dispatched worker shall also specify the employing unit of the dispatched worker, the dispatch period, the position, and other circumstances.

The labor dispatch unit shall enter into a labor contract with the dispatched worker for a fixed period of more than two years, and pay the labor remuneration on a monthly basis; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

Legal Analysis: Yes. The probationary period is also the period of labor, and the following provisions apply:

Article 85 of the Labor Contract Law: In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable: (1) Failing to pay the employee's labor remuneration in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state; (2) Paying workers at a rate lower than the local minimum wage; (3) Arrange overtime work without paying overtime pay; (4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal basis: "People's Republic of China Road Traffic Safety Law" Article 85 If an employer falls under any of the following circumstances, the labor administrative department shall order it to pay labor remuneration, overtime pay or economic compensation within a time limit; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

(3) Arrange overtime work without paying overtime pay;

(4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

Legal analysis: A labor dispatch contract is a contract in which the actual employer and the labor dispatch company first sign a labor dispatch agreement, and then the labor dispatch company recruits employees on behalf of the employer for dispatch. If the company does not pay social insurance, it can cancel the labor contract and require the employer to pay economic compensation.

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

Article 38 An employee may terminate a labor contract under any of the following circumstances:

1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract.

2) Those who do not have a stool are paid labor remuneration in full and in a timely manner.

3) Failure to pay social insurance premiums for workers in accordance with the law.

4) The rules and regulations of the employer violate the provisions of laws and regulations, and harm the rights and interests of those who are reckless.

5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law.

6) Other circumstances under which the labor contract may be terminated by laws and administrative regulations.

Article 46 Where a worker terminates a labor contract in accordance with the provisions of Article 38 of this Law, the employer shall pay economic compensation to the worker.

After the probationary period of the labor dispatch worker, a formal labor contract is signed. An employment contract refers to an agreement between an employee and an employer that establishes an employment relationship and specifies the rights and obligations of both parties. The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

The employment contract shall be legally binding immediately and shall be binding upon the parties, and the parties shall perform their obligations under the employment contract.

PrecautionsWhen signing the contract, the worker must first find out the basic situation of the unit, and judge whether it is a legitimate enterprise, the name of its legal representative, the address of the unit, and the information can be obtained by checking the industrial and commercial registration information on the Internet, and at the same time, it is required to clearly write these contents in the contract. Workers should find out their specific work and indicate the content and location of the work in the contract.