If I don t sign a contract during the probationary period but sign a notice of knowledge, is there a

1. According to the Labor Contract Law, the employer must sign a labor contract within 30 days of the employee's employment, and the probationary period is included in the contract, and any other so-called information letter cannot replace the contract.

2. The probationary period stipulates: if the contract term is 1 year, the probationary period is 1 month, the contract period is 2 years, the probationary period is 2 months, and the probationary period is not more than 6 months if the contract period is 3 years or more (including no fixed period). If the probationary period of the unit exceeds 3 months, the corresponding contract period must be 3 years or more or no fixed period, otherwise the unit will violate the law.

3. During the probationary period, the unit shall pay wages in strict accordance with the provisions of the law, and the salary during the probationary period shall not be less than 80% of the contract salary and shall not be lower than the local minimum wage standard (including individual social security contributions), and social security shall be paid during the probationary period.

Based on the above three points, the unit itself has violated the law: first, if the labor contract has not been signed for more than 30 days and less than one year, the unit needs to pay an additional 1 month's salary as compensation from the second month; Second, the probationary period must match the term of the employment contract and must be written into the contract; Third, there is no halving of wages when leaving the probationary period, which is an illegal act of the unit.

Rights protection method: In labor arbitration, remember to collect evidence, including employment records, work records, salary payment, etc. (especially if the salary is withheld for more than 30 days during the probation period), you can claim an additional double salary from the second month, and make up social security and other rights and interests during the probation period.

Signing a form of information is also legally effective, and the company's practices are illegal for several of the problems you mentioned, and you can directly go to the local labor inspection department to complain and solve it.

The information sheet is also contractually binding. Specifically, whether the content of the information sheet is unqualified during the probation period and continues to be retained? In addition, after the end of the probationary period, the employer should take the initiative to renew the contract with you, and if you do not renew, you should be dismissed.

Except for special types of work, the probationary period shall not exceed three months. It is best to submit the resignation letter one month in advance, and the company cannot deduct your salary if you resign one month in advance.

Legal analysis: there is no probationary contract, the probationary period is included in the term of the labor contract, if the labor contract only stipulates the probationary period, the probationary period is not established, and the period is the term of the labor contract, so the so-called "probationary contract" is the labor contract, and not signing the labor contract is an illegal act to dismantle the hole.

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

Article 10 A written labor contract shall be concluded for the establishment of labor relations.

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 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; The probationary period shall not exceed six months for a fixed-term labor contract of more than three years and for an indefinite period of travel and drying.

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 absence of knowledge during 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.