Is it legal for the company to stipulate a one month probationary period on the grounds of job trans

Updated on society 2024-04-24
8 answers
  1. Anonymous users2024-02-08

    It is not legal, because you are an employee of the company, and the company has no right to renew the probationary period for you.

  2. Anonymous users2024-02-07

    This situation is legitimate. Because every company has a different system and a different probationary period.

  3. Anonymous users2024-02-06

    Legal analysis: During the probationary period, as long as the employer has evidence that you are not suitable for the original position, it can transfer you or terminate the labor relationship, and you do not need to pay economic compensation!

    First of all, it is necessary to see whether there are relevant agreements on job transfer and salary reduction in the contract signed between the company and the employee, whether the job responsibilities and specific assessment standards are clarified within the company, and whether the party has the responsibility to provide evidence for its own claims in the event of labor disputes. However, if the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

    Legal basis: 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 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

    Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

  4. Anonymous users2024-02-05

    Yes, it is also a good process for workers to adapt and protect the interests of the company.

  5. Anonymous users2024-02-04

    It is definitely possible to re-establish a probationary period, because a new position has been reached, and there must be a probationary period as well.

  6. Anonymous users2024-02-03

    No, after the employee enters the company, the corresponding standards should be formulated, and then the corresponding standards should not be reformulated after the employee is transferred or transferred.

  7. Anonymous users2024-02-02

    Legal analysis: If it is found that the company wants to make a job transfer arrangement, the employee can object if he is unwilling to accept it. Because according to the regulations, the company must meet the following prerequisites when making job transfer arrangements: 1. The company must reach a consensus with employees; 2. When transferring posts, it is necessary to take written form.

    Legal basis: Article 15 of the Labor Contract Law of the People's Republic of China: A labor contract with a term of completion of a certain task refers to a labor contract in which the employer and the employee agree that the completion of a certain work is the term of the contract.

    The employer and the employee may conclude a labor contract with a term of completion of a certain work task if they reach an agreement through consultation.

  8. Anonymous users2024-02-01

    Legal analysis: The labor law stipulates that if a regular employee or an employee on probation during the contract period is adjusted by the company, the employer shall not re-agree on the probationary period.

    Legal basis: Zhengxun.

    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 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 36 The employer may terminate the labor contract if the employer and the worker reach a consensus through consultation.

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