During the probationary period, if the contract is terminated, how will the salary be calculated?

In the case of Article 32, Paragraph 1 of the Labor Law, which stipulates that "an employee may terminate the labor contract at any time by notifying the employer during the probationary period", the employer has no reason to block it.

There is no need to reason with the unit that it is illegal not to give a contract during the probationary period, and there is no need to worry that the unit without a contract will remember to deduct your salary for this month, because the law clearly stipulates that this situation similar to what you encounter.

1. Notice of the Ministry of Labor and Social Security on Matters Concerning the Establishment of Labor Relations

1. "If an employer recruits a worker without entering into a written labor contract, but at the same time meets the following circumstances, the labor relationship shall be established.

1) The employer and the worker meet the entity qualifications prescribed by laws and regulations;

2) The labor rules and regulations formulated by the employer in accordance with the law shall apply to the workers, and the workers shall be subject to the labor management of the employer and engage in paid labor arranged by the employer;

3) The labor provided by the worker is an integral part of the employer's business. ”

2. If the employer has not signed a labor contract with the employee, the following documents may be referred to when determining the existence of an employment relationship between the two parties:

1) Wage payment vouchers or records (employee payroll roster) and records of payment of various social insurance premiums;

2) "Work Permit", "Service Certificate" and other documents that can prove the identity of the worker issued by the employer;

3) Recruitment records such as the "registration form" and "registration form" of the employer filled in by the worker.

4) Attendance records;

5) Testimony of other workers, etc.

Among them, the employer shall bear the burden of proof for the relevant documents in items (1), (3) and (4).

Therefore, although your employer does not give a contract during the probationary period, it has fulfilled a stage of probationary period and has formed a de facto labor relationship with the employer, and if you provide labor for the unit, the employer must pay you wages or remuneration. Otherwise, it will infringe on your legitimate rights and interests and form a labor dispute with you.

You can file a labor arbitration complaint with the labor dispute arbitration commission of the company's domicile and request the awarding unit to pay the deducted wages and 25 economic compensation.

40. If an employee terminates a labor contract in accordance with Article 32 (1) of the Labor Law, the employer may not pay severance but shall pay wages according to the actual number of days worked.

Question Supplement: 1. Time limit for labor arbitration:

Article 82 of the Labor Law stipulates that "the party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute." ”

2. What kind of burden of proof is there?

Refer to the provisions of the Ministry of Labor and Social Security's Notice on Matters Concerning the Establishment of Labor Relations.

At the same time, the salary during the probationary period can be lower than the salary after formal employment, but according to Article 14 of the Regulations on Labor Contracts of Jiangsu Province, "the labor remuneration of the worker during the probationary period shall not be less than 80% of the minimum wage of the same type of work and position in the same unit, and shall not be lower than the local minimum wage standard." In other words, whether it is a probationary period or a formal employment period, his salary should not be lower than the local minimum wage.

So if you work for 39 days, he's going to pay you for 39 days.

The wage system in our country is based on a daily and hourly system.

In accordance with Article 9 of the Interim Provisions on Payment of Wages, when both parties to a labor relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination. If the employer terminates the labor contract on the grounds that the probationary period does not meet the employment requirements, the employer must evaluate and evaluate the employee during the probationary period, and make a decision to terminate the contract during the probationary period.

Tuan ZhaofengLegal basis

Article 9 of the Interim Provisions on Payment of Wages provides that when both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Legal Analysis: Yes. During the probationary period, the labor contract is terminated with wages.

The law stipulates that if an individual provides labor for the employer, the employer must pay the individual. When both parties to the labor relationship dissolve or terminate the labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.

Legal basis: Article 4 of the Interim Provisions on the Payment of Wages mainly includes: wage payment items, wage payment levels, wage payment forms, wage payment objects, wage payment time and wage payment under special circumstances.

Article 9 When both parties to a labor relationship dissolve or terminate a labor contract in accordance with law, the employer shall pay the wages of the employee in a lump sum when dissolving or terminating the labor contract.

Wages must be settled.

If the unit is in arrears of wages, does not pay wages, or deducts wages, you can call 12333** to complain and report, which is the ** of the Human Resources and Social Security Bureau. You can also file a complaint directly with the Labor Bureau's Inspection Brigade.

If the employer fails to pay the labor remuneration on time, the party concerned can also apply for the termination of the labor contract and labor relationship, and demand economic compensation. The parties concerned may file a complaint with the local labor inspection administrative department, and the labor inspection brigade shall order the employer to pay wages, and if the labor inspection brigade fails to coordinate with the employee, the worker may apply for labor arbitration. If the labor arbitration conclusion is refused, it may apply to the court for compulsory enforcement.

The following are the legal provisions on wages in China's Labor Contract Law:

Article 30 The employer shall, in accordance with the provisions of the labor contract and the provisions of the State, pay the labor remuneration to the worker in full and in a timely manner. If the employer is in arrears or fails to pay the labor remuneration in full, the worker may apply to the local people's court for a payment order in accordance with the law, and the people's court shall issue a payment order in accordance with the law.

Article 74 The local people's labor administrative departments at or above the county level shall supervise and inspect the following situations in accordance with the law: (1) the formulation and implementation of rules and regulations directly related to the vital interests of workers by the employer; (2) The conclusion and termination of labor contracts between the employer and the employee; (3) The labor dispatch unit and the employing unit's compliance with the relevant provisions on labor dispatch; (4) The employer's compliance with the national regulations on working hours, rest and leave for employees; (5) The employer's payment of labor remuneration as stipulated in the labor contract and implementation of the minimum wage standard; (6) The employer's participation in various social insurances and payment of social insurance premiums; (7) Other labor inspection matters stipulated by laws and regulations.

Article 85 stipulates that 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 specified period of time; 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 wages to workers 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.