Is it legal for a company to add a probationary period to an employee?

If it is illegal for the employer to extend the period of the employee's probationary period at will, the length of the probationary period shall be subject to the term agreed in the employment contract signed by both parties.

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; 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.

Article 32 of the Labor Law of the People's Republic of China stipulates that during the probationary period, the employee may terminate the contract at any time by notifying the employer. During the probationary period, the employee can unconditionally terminate the contract at any time, while the employer can only terminate the contract if it finds that the employee does not meet the employment requirements.

If the employee is proved to be truly ineligible for employment, the employer shall notify the employee before the employee leaves work on the last day of the probationary period.

Be wary of the "probationary period" trap of employing enterprises.

The unit proposes a 3-month probationary period, and the contract can only be signed after the probationary period expires, what will be the consequences? "Yesterday, the small people in the urban area should consult the duty room of this newspaper of the Citizen Assistance Center.

Xiao Ying said that he is a graduate of Jinhua Vocational and Technical College, and not long ago, he contacted an assistant position in a company in the city, and the company heard back a few days ago. However, when talking with the personnel manager, the other party proposed that the trial period be 3 months, the monthly salary is 600 yuan, the monthly salary is 1200 1500 yuan after the regularization, and the contract will be signed after the regularization. He was worried that without contractual guarantees, he would not receive the benefits he deserved after the end of his probationary period.

Xiao Ying said that this is not his unfounded worry, one of his fellow countrymen was a graduate last year, and was hired by a company at a job fair at the end of last year. The boss claimed that the probationary period was 3 months, a one-time salary of 1,500 yuan, and the probationary period was officially hired, and then the labor contract was signed. Considering that the employment situation was relatively grim, he agreed at that time.

During the probationary period, in order to be able to stay, he behaved very actively, but when the probationary period was about to expire, the boss told him that he didn't have to go to work because he was not suitable for this job, and finally threw out 800 yuan to him as the "hard money" for the 3 months, and sent him away.

So, what exactly are the rules for the probationary period? Lawyer Yang of Zhejiang Heping Law Firm said that according to relevant national laws and regulations, the length of the probation period should be commensurate with the term of the labor contract. At the same time, the probationary period shall also be included in the contract period and shall not exceed a maximum of 6 months.

The trial period is the number of consecutive natural days from the date of commencement of the trial. A probationary period may be stipulated in the employment contract. Where the term of the labor contract is less than 6 months, the probationary period shall not be agreed; If the probationary period is between 6 months and 1 year, the maximum probationary period shall not exceed 1 month; If the probationary period is between 1 year and 3 years, the maximum probationary period shall not exceed 3 months.

If the labor contract only stipulates a probationary period and does not stipulate the term of the labor contract, the probationary period shall not be established, and the probationary period shall be the term of the labor contract.

A staff member of the Municipal Labor and Social Security Bureau said that the practice of signing a labor contract after a trial is itself illegal. Most of this is a means used by employers to evade the constraints of labor contracts and the sanctions imposed by the Labor Law, with the aim of using cheap labor. Only when a formal labor (employment) contract has been signed can the parties agree on a probationary period, rather than signing an employment contract after the expiration of the probationary period.

I remind job seekers that when looking for a job, it is best to get to know the other party in advance to see if there is a plan for an important person, and not to sign a labor contract in a hurry because of the eagerness to apply for a job, and fall into the trap of probationary period.

If the unit insists on signing a contract after the trial, it must have a sense of self-protection. During the probationary period, you must keep the salary receipt, work permit and other evidence to prove that a de facto labor relationship has been formed between you and the employer. Once the unit fires you in the name of "probationary period and dryness", you can protect your rights and interests by grinding down the shirt and passing labor arbitration.

If the employee does not want the employee to do it during the probationary period, if the employer can prove that the employee does not meet the employment requirements, the employer can terminate the contract in accordance with the law.

Article 39 of the Labor Contract Law The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

1. Gather evidence that you work here.

2. Because you have not signed a labor contract, you can ask for double pay for the part that exceeds one month.

3. Even during the probationary period, it is not just a matter of letting you go, you have to look at the responsibilities of your position, as long as you complete the scope of your work, then there is no problem.

As long as it is less than 3 months, the boss can fire you for no reason. It's okay, find another way.

Both parties can raise it during the probationary period, and there is no compensation.

No. The company cannot arbitrarily dismiss an employee during the probationary period, and can terminate the labor contract with the employee only after the relevant circumstances are met and the situation needs to be explained to the employee. Article 38 of the Labor Contract Law:

Under any of the following circumstances, the employee may terminate the labor contract: (1) Failure to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for laborers in accordance with the law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the circumstances specified in the first paragraph of Article 26 of this Law; (6) Other circumstances under which the employee may terminate the labor contract as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates rules and regulations by directing or forcing risky work to endanger the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.