Trial period issues, trial period and probationary period issues

Whether you have signed a labor contract, if there is a contract, it is best to do it, you can fire him at any time during the probationary period, but the salary should be paid, and the amount should be agreed in the contract. If you have not signed an employment contract, you should pay attention to keeping relevant evidence, such as attendance records, witness testimony, etc., to prevent your boss from not admitting the account.

According to Article 79 of the Labor Law, after a labor dispute occurs, the parties concerned can apply to the labor dispute mediation committee of the unit for mediation (generally there is no such institution in the unit, and it is of any use); If mediation fails, and one of the parties requests arbitration, it may apply to the labor dispute arbitration commission for arbitration. One of the parties may also apply directly to the Labor Dispute Arbitration Commission for arbitration. If the applicant is dissatisfied with the arbitral award, he or she may file a lawsuit with the people's court.

It is important to note that a lawsuit must be arbitrated before it can be filed. However, it should be noted that the party requesting arbitration shall submit a written application to the labor dispute arbitration commission within 60 days from the date of occurrence of the labor dispute. The arbitral award shall normally be rendered within 60 days of receipt of the application for arbitration.

Whether you can get your salary back depends on whether you have signed a contract with the company and how the specific content of the contract is agreed.

Even if you don't have an employment contract with the company, that's fine, as long as your labor process is a fact, then you can apply to the local labor department for arbitration, but you should pay attention to protect your evidence and go to the local labor department as soon as possible. Don't delay it too long, or it won't work in your favor.

Whether you can get your salary depends on the employment contract between you and the employer, if there is no employment contract, it may be more difficult, if there is a contract, you can, you can complain to the labor bureau. For example, if you have to submit your resignation report 30 days in advance, do you have to work for another month?

Yes, but it will be more troublesome if you sign an employment contract that stipulates a time limit for severance, but it is okay.

We're in a similar situation, and I guess we can get it. Good luck.

The factory's argument is not valid, if you can prove the employment relationship, you can enjoy work-related injury benefits, go and apply for work-related injury recognition.

There is no trial period in law, and what people usually call the trial period refers to the probationary period.

Article 19 of the Labor Contract Law 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.

The probationary period is also within the scope of the employment contract.

This statement of the enterprise is not legal, as long as there is an employment relationship, it should be protected by labor-related laws.

You can go to the local labor injury recognition department to identify the work-related injury, as long as it is recognized and the corresponding disability level is appraised, in that case, if you cannot negotiate with the enterprise, you can apply to the local labor dispute arbitration institution to request the employer to pay the work-related injury benefits.

According to the Labor Contract Law (Article 7 of the Labor Contract Law), an employer shall establish an employment relationship with an employee from the date of employment.

This statement in the factory is contrary to the law.

Can you provide such things as entry and exit registration, recruitment records, or entry and exit labels?

If you can provide it, you can apply for a work-related injury determination.

If you can't provide it, you can consider applying for arbitration first, confirming the labor relationship, and then making a work-related injury determination after confirming it.

It's a bit of a long process, but it's your right, don't give it up easily!

Hope it helps.

There is no trial period in the country, and it depends on the wishes of both of you. The unit obviously told you how the trial period was, and you accepted it. That means that it is a manifestation of the true will of both parties that you have negotiated.

The probationary period is also not based on 2 days off per month, which is illegal. Have you signed a labor contract, and why is it a 3-month probationary period?

Let's study the labor contract law carefully, it will only be good for you! In addition, if you really want to join this company, then don't ask anything, do it well, and strive to become a regular as soon as possible. As long as you perform well, you will get this job!

Legal analysis: There is no reason for dismissal, which is neither reasonable nor legal, but if you want to protect your rights, you should submit it to arbitration or find the employer for theoretical negotiation.

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

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.

Article 39 The employer may terminate the labor contract if the worker has any of the circumstances under which the worker is called

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, engaging in personal gain, causing major harm 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 the Good Property Law.