With regard to the issue of claims for extension of probationary period, what compensation can be re

Updated on workplace 2024-03-14
16 answers
  1. Anonymous users2024-02-06

    1. You can apply for compensation to the labor arbitration commission where the company is located; Evidence: A contract for the probationary period b pay slip or card c proof of social security contributions (printed at the social security center or online).

    2. Calculated from the implementation of the Labor Law in 2008.

    3. To sum up, the compensation you can claim includes:

    a Approximately nine months of formal salary compensation for the whole of 2007 (probationary period of three months is recognized). According to the provisions of the Contract Law, if the contract is 2 years, the trial period shall not exceed 3 months. The excess part is calculated according to the contract period).

    b One month's compensation;

    c For those who have not paid social security, they will pay or compensate in cash from 2007 onwards.

    Clear response: The claim period has not passed.

  2. Anonymous users2024-02-05

    1.Compensation can be applied for, the evidence is mainly salary receipts, and the company's personnel files can be obtained by the court.

    2.If the company does not renew the labor contract after the expiration of the contract, it does not need to pay compensation, and the compensation will only be paid if the company unilaterally terminates the labor contract or negotiates the termination of the labor contract before the expiration of the contract.

    3. Severance is calculated from the date of entry.

    4.The statute of limitations has passed.

  3. Anonymous users2024-02-04

    Social security should indeed be taken at the time of employment, and the probationary period cannot be unilaterally extended, otherwise it will be regarded as a breach of contract by the employer, and you can claim compensation, which can be claimed through labor arbitration or by complaining to the labor inspection brigade.

  4. Anonymous users2024-02-03

    The claim for reimbursement has expired. Two-year statute of limitations.

    Severance is calculated based on entry into the company.

  5. Anonymous users2024-02-02

    There is a companion, but there is a row to do.

  6. Anonymous users2024-02-01

    1. The probationary period of the contract is less than one year, and the probationary period of the three-year contract period shall not exceed 6 months.

    2. After the probationary period, the insurance of the probationary period should be made up and the insurance should continue to be paid, otherwise the employee will be paid double salary.

    3. When resigning, one month's salary will be compensated for one year's work, two months' salary for two years, two and a half months' salary for two and a half years, and so on.

    Suggestions: 1. Salary cards, wage slips, etc. are evidence, and you can directly complain to the labor department, and it is best to find a few more people.

    2. Whether the amount of insurance paid is consistent with the actual salary, if not, the difference will be made up in cash.

    3. Double wages are required for the period of non-payment of insurance, which is counted from the date of work in 2004.

    4. Compensation wages according to working hours.

    5. Under normal circumstances, the labor department will let you and the boss understand, don't be polite.

    Addendum: There is no claim period, and you will talk about the claim after you leave the company. After complaining, the Labor Bureau will calculate your probationary period according to the salary of the probationary period from your first day of work (04 years) not less than 80% of the official salary.

  7. Anonymous users2024-01-31

    Legal Analysis: The employer can only enter into a probationary period with the employee once, so it is illegal to extend the probationary period. If the employer violates the provisions of the law by agreeing on a probationary period with the employee, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the agreement, the employer shall pay compensation to the employee according to the period that has been fulfilled beyond the statutory probationary period based on the employee's monthly salary at the end of the probationary period.

    Legal basis: Article 83 of the Labor Contract Law of the People's Republic of China If an employer violates the provisions of this Law by agreeing with an employee on a probationary period, the labor administrative department shall order it to make corrections; If the illegally agreed probationary period has been fulfilled, 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.

  8. Anonymous users2024-01-30

    If the employee proves that he does not meet the employment conditions during the probationary period, and the two parties agree to adjust the job position, the probationary period can be extended at the same time, and the employer does not need to compensate in this case.

    If it cannot be proved that the employment conditions are not met, and whether the two parties have reached an agreement to adjust the job position through consultation, after the probationary period, the unit shall pay wages and give corresponding benefits according to the salary standard after the regularization. If the unit dismisses the employee, it shall pay economic compensation in accordance with law.

    The probationary period refers to the employer's assessment of the employee's qualifications during the term of the employment contract.

    The time limit for employees to evaluate whether the employer meets their own requirements is a two-way choice between the two parties.

    Regardless of the nature and duration of the job, and whether it is necessary to stipulate a probationary period, the employer will agree on a probationary period, as long as the period does not exceed six months as stipulated in the Labor Law, which is sufficient to meet the upper limit prescribed by law.

  9. Anonymous users2024-01-29

    The part of the probationary period extended beyond the statutory period shall be invalid, and the invalid part shall enjoy various agreed and statutory benefits according to the normal labor contract period. There is no question of compensation. All you need to do is ask your employer to treat you as a regularized employee.

  10. Anonymous users2024-01-28

    If there is no agreement between the two parties, then they will enjoy the treatment of a regular employee after expiration, and if there is an agreement, it will be invalid if it violates the normal provisions of the law, and they will still enjoy the treatment of a regular employee.

  11. Anonymous users2024-01-27

    If there is an agreement between the parties, then the enterprise does not need to compensate.

    If there is no agreement, then the company should pay you your salary after the probationary period.

  12. Anonymous users2024-01-26

    First of all, it is qualitative: the extension of the probationary period is not allowed in the labor contract law, so in the event of a dispute, it must be the unit that suffers. Unit compensation = wage difference + wages in lieu of notice (1 month's salary) + compensation.

    The wage difference refers to the difference between the probationary salary for extended time and the salary for regularization.

    Payment in lieu of notice is the consideration for the employer's failure to give the employee 30 days' notice of termination.

    Compensation is the price that the employer should pay to the employee for terminating the labor contract.

  13. Anonymous users2024-01-25

    Those who exceed the statutory probationary period shall enjoy the salary and benefits after the probationary period.

    --Super Invincible Thunderbolt Click, Capital Xiao Wang's Barrister.

  14. Anonymous users2024-01-24

    Legal Analysis: The extension of the probationary period by the employer is a circumstance of re-determining the probationary period, which violates the provision that "the same employer and the same employee can only agree on a probationary period once", and it is also an illegal agreement on the probationary period.

    Legal basis: Labor Contract Law of the People's Republic of China Article 19 If the term of the 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.

  15. Anonymous users2024-01-23

    If the employer and the employee reach an agreement through negotiation, the probationary period may be extended, but the following provisions shall be observed: if the term of the employment contract is less than three months, the probationary period shall not be agreed; If there is more than three months of hand leakage but less than one year, the probationary period shall not exceed one month; where it is more than one year but less than three years, the probationary period must not exceed two months; If it is more than three years, the probationary period shall not exceed six months; Other.

    Article 83 of the Labor Contract Law of the People's Republic of China Where 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. Article 9 of the Regulations on Labor and Social Security Supervision and Inspection shall have the right to report to the labor and social security administrative department any organization or individual any violation of labor security laws, regulations or rules. If a worker believes that the employer has infringed upon his or her legitimate rights and interests in labor security, he or she has the right to file a complaint with the labor and social security administrative department.

  16. Anonymous users2024-01-22

    If the company suddenly extends the probationary period of an employee without a legitimate reason or without a legitimate reason for returning, then the employee can ask the company to compensate for his losses, because this is an illegal situation and must protect his rights in accordance with the law. So, what is the compensation standard for an extended probationary period? Here's the answer below.

    What is the compensation standard for extending the probationary period?

    Pure grinding socks "Labor Contract Law of the People's Republic of China".

    Article 83 Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, 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.

    Article 19 If 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 once.

    If the probationary period is not qualified, the probationary period can be extended.

    Article 19 of the Labor Contract Law stipulates the upper limit of the probationary period, that is, if the term of the employment 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.

    If the employee fails to meet the requirements of the employer during the probationary period, the employer may terminate the employment contract on the grounds that the employee is proved to be ineligible for employment during the probationary period in accordance with Article 39 of the Labor Contract Law, but the probationary period shall not be extended.

    However, in practice, there is a special circumstance, that is, the probationary period agreed between the employer and the employee does not reach the upper limit prescribed by law, for example, if the employer and the employee have signed a three-year employment contract, and the probationary period is stipulated in the contract, but the upper limit of six months is not reached, can the employer extend the probationary period to six months after the expiration of the three-month probationary period on the grounds that the employee does not meet the requirements?

    If the probationary period agreed upon by the employer and the employee expires, if the employer extends the probationary period, it is a situation where the probationary period is agreed again, which violates the provision that "the same employer and the same employee can only agree on a probationary period once", which is also an illegal agreement on the probationary period.

    The employer shall not stipulate an extension of the probationary period in the labor contract, and if the employer violates the agreement on the probationary period, the employee may file a complaint with the labor administrative department, which 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.

    If you still have questions about extending the probationary period, you can find a professional legal acquaintance to help you solve it, and there are many lawyers on this website who can help you.

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