Probationary Questions Urgent 20

According to the new Labor Contract Law, the probationary period is included in the contract period, and if the employee does not sign an employment contract for more than 30 days, it is regarded as an indefinite term contract.

What you said, the subsidy of 10 yuan a day is 300 yuan a month, which is already lower than the minimum guaranteed wage, which is already illegal.

It doesn't matter if you don't sign a contract, as long as you have evidence to prove that you work in the company, report to the labor inspection team of the Social Security Bureau, and when you leave your job, you can ask the company to pay double the salary since you went to work as economic compensation, because the salary is already lower than the minimum guaranteed wage, so the wage standard of compensation should be calculated according to the average salary of the same position.

Friends on the second floor, if you don't speak, no one will know that you are ignorant! Remember, as long as the fact of labor is generated, it is considered that the contract begins! At the beginning of the contract, the worker has already paid the labor, and the employee has to pay the labor remuneration! Got it?!

Not true. The salary during the internship is not less than 80% of the official salary

Article 20 of the New Labor Law stipulates that:

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.

Refer to the new Labor Law.

You can file a civil lawsuit in your local court. However, this will be a stalemate, and it is recommended that you communicate with the unit leader.

The friends above have noticed that the internship period is not a probationary period, and there is no problem with the unit's approach.

Even not giving a $10 subsidy is legal.

Many of my classmates have just graduated and gone to the company for internships without salary.

Some took 3 or 4 hundred, which is considered good.

It's hard at first.

It's going to go up slowly.

Summary. Hello dear<>

The problems that may be encountered during the probationary period are as follows; 1.Job adaptation issues: It can take a while for new employees to adjust to the company's culture, work style, and requirements, which can lead to stress and discomfort.

2.Performance Appraisal Issues: The probationary period is usually a period of time used by companies to review an employee's abilities and fitness, so an employee's performance may receive special attention.

What are the issues I might encounter during my probationary period?

Good. Please hurry.

Hello dear<>

The problems that may be encountered during the probationary period are as follows; Envy Stool Mountain 1Adapting to work is a rough question: It can take a while for a new employee to adjust to the company's culture, ways of working, and requirements, which can lead to stress and discomfort.

2.Performance Appraisal Questions: The probationary period is usually a period of time used by companies to review an employee's abilities and fitness, so an employee's performance cousin may receive special attention now.

Hello dear<>

3.Feedback and communication issues: Employees who have never dealt with the Department of Public Sensitivity before may face communication barriers and uncertain role expectations.

Monaqi 4Job responsibilities: At the beginning of the probationary period, the company may not have a clear job description and expectations, which can lead to employees showing uncertain career motivation.

Hello dear<>

5.Career prospects: Performance during this period may have a significant impact on the employee's future career prospects, which may lead to unnecessary stress and uneasiness.

6.Job satisfaction issues: Employees may consider leaving the company if they fail to find a sense of belonging or fulfillment within the company during their probationary period.

On the issue of the probationary period, the following points need to be emphasized:

1) The probationary period is an agreed clause, and if the parties have not agreed in advance, the employer cannot terminate the employment contract on the grounds of the probationary period.

The parties to the employment contract, the employer and the employee must fully negotiate and reach an agreement on the probationary period clause before the probationary clause can be established. A contract is the result of the agreement of the two parties, and is an agreement reached after fully expressing their respective opinions on the basis of mutual benefit and reciprocity, and reaching an agreement on the terms of the contract. Therefore, neither party shall override the other party, shall not impose its will on the other party, and shall not sign the probationary period clause of the labor contract by means of coercion or coercion.

2) At the same time, the Labor Contract Law limits the agreed conditions for the probationary period, and the employee shall enjoy all labor rights during the probationary period.

These rights include the right to remuneration for labor, the right to rest and vacation, the right to occupational safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. It also includes the right to participate in democratic management or to negotiate with employers on an equal footing on the protection of the legitimate rights and interests of workers in accordance with the law, through the workers' congress, the workers' congress or other forms. The probationary period cannot be restricted and treated differently from other workers because of their status.

3) The probationary period is included in the term of the labor contract.

In other words, regardless of whether the parties to the employment contract enter into a one-year employment contract or a three-year or five-year employment contract, if a probationary period is agreed, the period before the employment contract (for example, it may be three days, five days, or a week, or one month or two months) is the probationary period, and the probationary period is included in the entire term of the employment contract. Regardless of whether the employment contract is continued after the probationary period or not, it is not allowed to separately stipulate the probationary period.

4) The provisions of the Labor Contract Law on the probationary period reflect the general equality of the rights and obligations of both parties to the labor contract.

For example, it is stipulated in the Termination of the Labor Contract that the employee may notify the employer to terminate the labor contract during the probationary period; If the employee is proved to be ineligible for employment during the probationary period, the employer may also terminate the employment contract.

5) It is forbidden to set a disguised probationary period.

In order to circumvent the law, some employers stipulate probationary periods, adaptation periods, and internship periods, which are all disguised probationary periods, the purpose of which is nothing more than to reduce the employee's treatment and facilitate the termination of the labor contract. In order to protect the legitimate rights and interests of employees, it should be clarified that these situations should be treated as probationary periods.

During the probationary period, employees can apply for resignation, but they cannot resign at any time if they wish. Instead, they must follow the company's rules. First, if the public official has the idea of resigning, the employment relationship with the employer can be formally terminated only after the resignation is followed up.

Employees who leave at any time may not be paid after they leave the company.

1. What problems may arise during the probationary period

The problems that may arise during the probationary period mainly include not signing a labor contract, not purchasing social insurance, and exceeding the provisions of the probationary period.

2. Relevant legal provisions

Labor Contract Law of the People's Republic of China

Article 19 [Probationary Period] 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.

Article 20 [Wages during the Probationary Period] The wages of a worker during the probationary period shall not be less than 80% of the minimum wage for the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 21 [Termination of Labor Contract during the Probationary Period] 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.

Article 83 [Legal Responsibility for Illegally Agreeing on a Probationary Period] Where an employer violates the provisions of this Law by agreeing on a probationary period with a worker, the labor administrative department shall order it to make corrections; If the probationary period has been fulfilled in violation of the law, the employer shall pay compensation to the employee according to the period that has been performed beyond the statutory probationary period, based on the employee's monthly salary at the end of the probationary period.

The above knowledge is the answer to the relevant legal questions, and the problems that may arise during the probation period mainly include not signing a labor contract, not purchasing social insurance, and exceeding the probation period. If you need legal help, readers can continue to consult, and a professional lawyer will answer your questions.

Reminder: The Civil Code will come into force on January 1, 2021, and the Marriage Law, Inheritance Law, General Principles of the Civil Law, Adoption Law, Guarantee Law, Contract Law, Property Law, Tort Liability Law and General Provisions of the Civil Law will be repealed at the same time. If you are involved in other issues under the Civil Code

1. Whether the words "above" and "dissatisfied" as stipulated in the Labor Contract Law include this number.

Article 19 of the Labor Contract Law stipulates that 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. Whether the words "above", "dissatisfied" and "shall not exceed" as defined in this article include this number.

For example, Article 155 of the Labor Contract Law stipulates that the "above", "below", "within" and "expiration" in the Civil Code include this number; The term "dissatisfied" and "other" does not include this number. Article 99 of the Labor Contract Law stipulates that: "The above, below and within the term "above" in this Law includes this number.

With reference to the above-mentioned legal norms, the "dissatisfaction" stipulated in the Labor Contract Law should not include the principal number, while the "above" includes the principal number, and if the term of a contract is exactly one year, the probationary period can be agreed to be up to two months.

2. If an employee joins the same unit for the second time, can the probationary period be re-agreed?

It is not uncommon for an employee to return to the original company after completing the resignation procedures, especially in the catering and apparel retail industry with a relatively high turnover rate.

The employment contract may stipulate a probationary period. The probationary period shall not exceed a maximum of six months. The probationary period applies to workers who change their position or type of work when they are first employed or re-employed. The employer can only give the same employee a probationary period if there is no change in job position.

Therefore, there are two situations to distinguish between the second entry of employees: 1. For employees who re-enter but engage in their original positions, the employer shall not set up a probationary period; 2. For employees who are re-employed but engaged in other positions, the employer can agree on a probationary period according to the contract term.

3. If there is a change in the position, if the probation period can be re-agreed after the promotion is leveled.

Paragraph 2 of Article 19 of the Labor Contract Law stipulates that the same employer and the same employee can only agree on a probationary period once. How to understand the "once" here, is it for the position or for the company?

According to Article 35 of the Labor Contract Law, the employer may change the content of the labor contract with the employee, but the term of the labor contract may not change, so it is not in line with the original intent of the law to correspond to the position. On the other hand, with reference to the relevant provisions, the term of the labor contract corresponding to the probationary period should essentially refer to the term of the first labor contract, and if the labor contract is renewed, the probationary period shall not be agreed again.