Can a business not sign a contract during the probationary period? What are the rules regarding the

I believe that most of you in front of the screen are working people who have entered the society, so will you face many problems such as finding a job when you first enter the society? At this time, we are in a very disadvantageous position, because we have never been exposed to a social connection with others to establish labor relations, so we will step on many pitfalls. Some friends asked if they could not sign a contract during the probationary period with the company?

The answer, of course, is no, because it is illegal to have an employment relationship without a contract. It does not ensure an interest relationship between the worker and the employer. There are also provisions that if a contract is not signed, the employer will pay the employee twice the salary.

1. It is illegal to have a labor relationship without signing a labor contract

I would like to advise all those who have just entered the society to pay more attention to the labor law issues, because if we do not understand the law, we will be used by employers. After understanding, it is understood that there are relevant provisions in the labor law: once the relationship between labor and employment is established, it is necessary to sign a contract to ensure the relationship of interests between them, and if one party breaches the contract, it will be punished in accordance with the relevant provisions of the contract.

Therefore, we can see how important it is to understand some of the relevant provisions of the labor law, otherwise we will have to do nothing until one day we are treated unfairly. <>

2. An equal relationship shall be established between the employer and the worker

I believe that many friends feel that during the probationary period, we need to work hard to please the superiors, so that we can get the work, but I want to tell you that since it is the relationship between the worker and the employer, then this is an equal transaction, not that we need to please the other party to achieve the stability of their work, if we find that the employer has not established a corresponding labor contract with us, we should take the initiative, and in the relevant regulations, If the employer does not establish a contract with the employee, he will pay the worker twice the salary, which is what we need to know. <>

No, and not signing a contract is a serious violation, generally different companies for the probation period of the time is completely different, some is a week, some is a month, and then generally in the probation period there is a base salary, and then there will be a corresponding performance commission.

They also need to sign a contract, and they have the same rights and interests as regular workers during the probationary period, so they also have any salary and benefits, but if they leave on their own, they will not be paid.

According to the provisions of the labor law, the enterprise is also required to sign a contract during the period of use, and the contract also contains a clause for the probationary period. The Labor Law clearly stipulates that an employer shall sign a labor contract with an employee to establish an employment relationship. A probationary period may be agreed upon at the time of signing the contract, and the probationary period shall be included in the duration of the contract.

The probationary period is generally not signed a labor contract, which is very normal, only after the probationary period before the labor contract appears, and during the use period, it is also necessary to complete the work on time and work hard to complete the work, have better performance, under normal circumstances, there will not be much task during the probation period, mainly to assist other employees to work.

No, because there is no security guarantee, you have to sign the relevant contract, there is also a minimum wage standard, and there is also a probationary period, and there is also a protection of rights and interests, and you can also enjoy the treatment of employees.

Legal Analysis: Not Illegal. The employment contract may stipulate a probationary period of not more than six months.

If the term of the labor contract is less than six months, the probationary period shall not exceed 15 days; If the term of the labor contract is between six months and one year, the probationary period shall not exceed 30 days; If the term of the labor contract is between one and two years, the probationary period shall not exceed 60 days. The probationary period is included in the term of the employment contract.

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; For cherry blossom banquets with a labor contract term of 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 once.

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. Tribute.

Article 20 The wages of a laborer during the period of use in the examination hall shall not be less than 80% of the minimum wage for the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of 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.

Legal analysis: An enterprise cannot only sign a probationary contract, and if the labor contract only stipulates a probationary period, the probationary period is not established, and the term is the term of the labor contract. The same employer and the same employee can only agree on a probationary period once. The probationary period shall not exceed a maximum of six months.

Legal basis: Article 490 of the Civil Code of the People's Republic of China Where the parties conclude a contract in the form of a written contract, the contract shall be formed when both parties sign, affix their seals or seal their fingers. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

When laws and administrative regulations are prescribed or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

It is not possible for the labor law to stipulate that a labor contract must be signed with the employee within one month from the date of employment, and if it is not signed for more than one month, double wages must be paid! If it has not been signed for more than one year, it will be regarded as an indefinite term labor contract!

The probationary period is also included in the agreed contract!

According to the Labor Contract Law, an employment contract should be concluded from the time the employment relationship is established, but the employer is given a grace period of one month. The establishment of labor relations is more conducive to the protection of workers' rights.

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

If the employer and the employee conclude a labor contract before employment, the employment relationship shall be established from the date of employment.

Yes, because you are not a regular employee, some contracts will not be signed with you.

The company should sign an employment contract within 30 days of the employee's employment. Otherwise, Article 20 of the Employment Contract Law stipulates that you can claim double wages. Personally, I suggest that you make it clear to the company, so that it is risky for the company not to sign the contract, and it is estimated that he will sign it if he wants to use your words.

China's labor law stipulates that the probation period is included in the labor contract, and as long as the two parties determine the labor relationship, the labor contract must be signed.

To establish a labor relationship, a written labor contract shall be concluded. The labor contract shall be concluded within one month of the establishment of the labor relationship; If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

The employer and the employee shall each hold one copy of the labor contract. If the text of the labor contract provided by the employer does not contain the necessary clauses, or if the employer fails to deliver the text of the labor contract to the employee, the labor administrative department shall order it to make corrections; If any damage is caused to the worker, he shall be liable for compensation.

During the probationary period, a contract shall also be signed, stipulating the time limit and remuneration of the probationary period, the duration of the labor contract and the remuneration after the probationary period.

The contract includes a probationary period.

You need to sign within one month of joining the company.

The company should sign an employment contract within 30 days of the employee's employment.