Can the employer unilaterally shorten the probationary period of the contract?

Since your question is not very detailed, I will explain it in two cases.

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 above is the original text of the law, you can see if you can agree on a six-month adaptation period.

First: If you agree that the probationary period exceeds the provisions of the law, the employer should take the initiative to adjust the agreed probationary period, but the excess probationary period should be paid according to the salary after the expiration of the probationary period.

Second: If the probationary period agreed upon by you does not exceed the legal provisions, the probationary period can be shortened (the probationary period is included in the contract term) provided that the total duration of the contract remains unchanged

If the employee performs well during the probationary period and meets the conditions for early regularization, the employer can become a regular employee in advance without signing another agreement with the employee. It should be noted here that, according to the provisions of the Labor Contract Law, the probationary period shall not exceed six months for fixed-term and indefinite-term employment contracts of more than three years. The probationary period is for the duration of the employment contract, not after the probationary period has expired.

Re-sign the employment contract. The employer may do this in order to shorten the term of the employment contract.

It may or may not be agreed, and if the probationary period is extended, it is best to agree in writing. Shortened, only good for employees.

The probationary period is originally agreed upon by the employer and the employee, so the employer and the employee may agree to shorten the probationary period on the basis of not exceeding the statutory maximum probationary period.

Zongheng Legal Network-Hunan Zhuojin Law Firm-Lawyer He Xiangqian.

A probationary period can only be agreed upon by mutual agreement. The duration of the probationary period must also be legal.

According to the Regulations of Shanghai Municipality on Labor Contracts, "if the term of the labor contract is less than six months, no probationary period shall be imposed; If it is six months but less than one year, the probationary period must not exceed one month; where one year is less than three years, the probationary period must not exceed three months; If it is three years, the probationary period must not exceed six months. If the parties to the labor contract only agree on a probationary period, the probationary period shall not be established, and such period shall be regarded as the term of the labor contract." Therefore, even if the two parties agree to extend the probationary period through consultation, the extension period shall be limited to the upper limit stipulated in the above-mentioned law.

The probationary period clause is not a necessary part of the employment contract, it is itself the product of the agreement of the parties, therefore, after the probationary period, neither party has the right to unilaterally decide to extend the probationary period, but only to perform the obligations of the contract. The unit shall pay regular wages, and if it is found that the employee is truly incompetent for the job, it shall carry out a change of guard or training. That is to say, if the employer unilaterally proposes to terminate the labor contract after the change of post or training is a necessary procedure, and the employee shall still perform the obligations of the employer within 30 days.

However, according to the Regulations of Shanghai Municipality on Labor Contracts, if the actual performance of the contract is less than six months, the employer may not pay severance for terminating the contract.

Therefore, the probationary period cannot be extended in an absolute way, but cannot be extended unilaterally, and the unilateral decision of the employer to extend it in the form of a unilateral decision, notice, or through rules and regulations shall be invalid. Only the extension of the probationary period is legal if it is agreed upon by both parties and the period is within the time limit prescribed by laws and regulations. However, sometimes the employer proposes to extend the probationary period, and the employee does not raise any objection, but continues to perform the contract according to the probationary period, which is deemed to be the employee's acquiescence to extend the probationary period.

Even if the employee acquiesces in the extension, it is limited to the maximum period set by law. If the right to terminate the contract is not exercised during the agreed probationary period, both parties shall fully perform their obligations in accordance with the contract after the probationary period, and of course they have no right to exercise the right to terminate the contract based on the probationary period. Therefore, if the employer dismisses you after the probationary period, it must be handled according to the unilateral termination of the contract by the employer during the contract period, and cannot arbitrarily exercise the right to terminate the contract.

Do I have to sign a contract during the probationary period? The answer is yes, the law stipulates that the employer must sign a written labor contract with the employee within one month after the establishment of the employment relationship, and it should be noted here that a probationary contract cannot be signed.

Summary. Hello, I am a cooperative lawyer of LegalPro and I am happy to serve you.

If the probationary period is not suitable and the contract is too long, can I re-sign the contract and shorten the labor period?

Hello, I am a cooperative lawyer of LegalPro and I am happy to serve you.

Yes, the term of the agreed labor contract can be shortened and fixed in writing after the agreement of both parties. Legal basis: Article 35 of the Labor Contract Law stipulates that the employer and the employee may change the content of the labor contract if they reach a consensus through consultation.

Changes to the labor contract shall be made in writing.

If the probationary period is not suitable and the contract is too long, can I re-sign the contract and shorten the labor period?

It can be re-signed, as long as both parties agree on it.

What to do with the written form.

Are you talking about the written form of the application or the contract?

How to write the application in writing.

You just write clearly that you want to shorten the deadline, there is no format for this, just write your reasons clearly.

The contract was signed for a month and a half, the probationary period was seven days, and it was a long time to sign the jue lun potato, and the person who went home was too late, and wanted to shorten the contract time and go home a few days early.

Can I request to re-sign the contract?

Yes, yes, but the company can refuse, if you don't want to do this later, you can resign 3 days in advance of the probationary period.

It's not that I don't want to do it, but I want to work for 10 days less and go home a few days earlier, for fear that the epidemic will not be able to go home.

In this case, you will need to negotiate with the company.

What should I do if I don't agree to a three-month probationary period but only sign a one-year contract and ask for a shortened probationary period.

The probationary period is three months but only signs a one-year contract, and asks for a shortened probationary period, what to do if you don't agree Hello, dear <>

This is illegal, and the employer and the employee can be required to reach an agreement through consultation The extension and shortening of the probationary period are both changes to the terms of the labor banquet contract previously signed by both parties, so they must be agreed upon by both parties. In the case of labor contract disputes, if there is a labor dispute with the employer, you should first negotiate with the employer to deal with it, and collect relevant evidence in the process of negotiation and handling, such as evidence to prove the labor relationship and evidence to prove the wage level, you can complain to the labor inspection brigade or directly apply for labor arbitration.

If it is not legal, you can report it to the labor inspection brigade, or you can apply for labor arbitration.

The probationary period is agreed upon by the employer and the employee through negotiation and is recorded in the employment contract, and the employer may not unilaterally extend the probationary period.

The law stipulates that Article 19 of the Labor Contract Law shall not exceed one month if the term of the labor contract is more than three months but less than one year; 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.

The Labor Contract Law stipulates that the same employer and the same employee can only agree on a probationary period once. However, the law also states that the employment contract can be changed by mutual agreement. Therefore, the view that the probationary period should never be extended is incorrect.

The probationary period may be changed by mutual agreement between the employer and the employee. Of course, the total extension of the probationary period cannot exceed the upper limit stipulated in the Employment Contract Law: a probationary period of up to six months can be established for a three-year employment contract.

I've seen it on the Six Degrees Bole network, and there is a detailed explanation in it! If you are interested, you can check it out.

Hello landlord.

The probationary period shall be mutually agreed upon by the company and the employee, and if the company unilaterally decides to extend it, the employee can ask the company about the reason for the extension, explain his wishes, and try to negotiate with the company to solve the problem.

The provisions of the Labor Contract Law on the probationary period do not stipulate the consequences of unilaterally extending the probationary period by the company, but Article 19 clearly stipulates that the same employer and the same employee can only agree on a probationary period once.

I hope the above answers will help you.

During the probationary period, you must also have the courage to defend your rights and interests!