Can I do not sign a contract during the probationary period? Do you not sign a contract during the p

1.It is illegal not to sign a contract during the probationary period. The labor contract shall be signed within one month of the employee's employment, and if the employer fails to sign it for more than one month, it is illegal, and the employer shall pay the employee double the salary for the period from the day after the employee has completed one month to the day before the labor contract is re-concluded.

The signing of an employment contract has nothing to do with whether or not there is a probationary period. 2.The probationary period is illegal based on performance.

The maximum probationary period is set based on the duration of the employment contract. Labor Contract Law: 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.

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. 3.It is also illegal to pay social security after becoming a regular.

Social security shall be paid within one month of the employee's employment. It has nothing to do with whether there is a probationary period or not. Therefore, this unit can be said to be informal, and it is recommended that you do not go, otherwise your rights and interests will not be protected in the future, and it is very easy to cause labor disputes.

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.

Legal analysis: A written labor contract shall be signed during the probationary period. If you do not sign an employment contract during the probationary period, or only sign it, it will not only fail to prevent employment risks, but will bring greater hidden dangers to the employer.

When an employment relationship is established, the employer and the employee shall sign an employment contract. Although the probationary period has the characteristics of flexible employment compared with the formal employment relationship after the regularization, the probationary employment relationship is also a part of the labor relationship of the probationary group, and the establishment of the probationary labor relationship also requires the signing of a labor contract. However, the law also gives employers a one-month time limit to enter into a written contract.

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

Article 3 The conclusion of a labor contract shall follow the principles of legality, fairness, equality, voluntariness, consensus, and good faith. The labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.

Article 10? To establish a labor relationship, a written labor contract shall be concluded. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.

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

Article 36? The employer and the employee may terminate the labor contract if they reach an agreement through consultation.

Hello, the answers to the above questions are as follows: Enterprises can set a probationary period for new employees, and many enterprises in order to take the initiative and prevent being "trapped", often do not sign any form of labor contract with employees during the probationary period or only sign a "probationary contract", which is actually counterproductive. According to the current law, if an enterprise has not signed a labor contract with an employee but has an "employment relationship", it is still protected by law as a de facto labor relationship, and as a de facto labor relationship, the enterprise must notify the employee 30 days in advance and shall compensate according to law if it wants to terminate it. The law also stipulates that if only a probationary contract is signed, the probationary period shall not be established, and the "probationary period" shall be the term of the labor contract.

Obviously, during the probationary period, if the enterprise does not sign a labor contract or only signs a probationary contract, the enterprise originally wanted to prevent being "trapped", but in fact it happened to be "trapped". Therefore, this is not advisable and the correct approach should be to sign an employment contract with the new employee, which includes a probationary period. In addition, many companies believe that the relationship between the two parties has not yet been finalized, so they do not need to pay social security contributions for employees during the probationary period, but this is not the case.

Although the employment relationship between the two parties has not been finalized during the probationary period, it has indeed been formed, so the law clearly stipulates that the enterprise shall pay social security premiums for the employees during the probationary period.