Whether the employer can extend the probationary period

If the first probationary period does not exceed the limits established by law, an extension can be negotiated.

The Labor Contract Law has such a restriction on the probationary period: "If the term of the employment 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. "When signing an employment contract, the employer and the employer may agree on a probationary period that does not exceed this standard.

Before the end of the probationary period, the employer needs to evaluate the employee, and if it is deemed inappropriate, it should be raised.

Termination of the employment contract.

When the company is not satisfied with the employee's performance during the probationary period, but feels that it can give it an opportunity, it will often request to amend the original employment contract and change the probationary period to 6 months, so as to achieve the purpose of extending the probationary period. However, the amendment of the employment contract requires the consent of both parties and cannot be unilaterally modified by the employer.

When the term of employment stipulated in the labor contract is more than three months but less than one year, the probationary period shall not exceed one month, and when the term in the contract is more than one year but less than three years, the probationary period shall not exceed two months, and if the term is more than three years, the probationary period shall not exceed six months. <>

A company that hires laborers, he wants to extend the probationary period for only one purpose, that isTry to reduce its labor costs as much as possible, so as to increase the maximum benefit, because the salary during the probationary period, according to the law, it is only required to be not lower than the minimum wage among the people in the same position in the unit, or not lower than the local minimum wage standard, if the probationary period he terminates the contract with you, he only needs to explain the reasons to you, he does not need to pay you the corresponding payment, if he is after the probationary period, after officially hiring you, if he dismisses you at will, without any reason, He needs to pay you three months' salary. <>

Even if the employer is going to goThe extension of the probationary period, the time after this extension, plus the time before it, cannot exceed a legal limit, and the relevant procedures and conditions of his extension are in accordance with the relevant rules and regulations of the company. When deciding to extend the probationary period, he also needs to explain to the employee before the end of the probationary period, and such a decision to extend the probationary period cannot be directly issued to the employee at the end of the probationary period. <>

If you really encounter an unreasonable company and you need to appeal, you can take it to the appropriate legal department and then apply for legal assistance to defend your rights. Picking up the law to fight for your rights is the best result, and the employer will not be entangled with the worker for too long in order to avoid trouble.

It cannot be extended arbitrarily, because when hiring an employee, the probationary period is also prescribed by law for the longest period, so it cannot be extended, and the probationary period can only be agreed with the employee once.

It is not permissible to extend the probationary period at will, because the law stipulates that the extension of the probationary period must be approved by the employee.

The employer cannot extend the probationary period at will, because it is not in accordance with the law, and it is not in accordance with the provisions of the labor law, and it is very unfair to the employee, so when we encounter this situation, we must report it to the police.

When going to work for a new employer, the employer will require the new employee to go through a probationary period first, which may be 1-2 months. However, after the probationary period ends, some employers want to extend the probationary period because the employee is still unskilled in the work. So, can an employer extend the probationary period?

Follow me along and talk about it.

Can the employer extend the probationary period?

No. This is because, in China's labor law, the upper limit of the length of the probationary period is determined, for example, for an employment contract that is full of one year but less than three years, the probationary period shall not exceed three months. If the employer agrees with the employee on a three-month probationary period in a one-year employment contract, the employer must decide whether the employee meets the employment requirements within three months.

If it does not meet the requirements, sufficient evidence shall be presented and the employment contract shall be terminated during the probationary period. Once the probationary period is over, the employer shall not terminate the employment contract on the grounds that the employee does not meet the employment requirements during the probationary period. Since the three-month probationary period has reached the statutory maximum period, the employer may not agree on the probationary period again, and even if it does, this agreement is invalid.

If the probationary period agreed by the employer in the employment contract is shorter than the statutory maximum limit, can the employer agree to extend the probationary period? We consider that this is possible, provided that the total length of the two trial periods must not exceed the statutory maximum period.

Legal provisions on probationary periods

Article 19 of the Labor Contract Law of the People's Republic of China provides that if 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 refers to the period during which the employment relationship is still informal, and the employer assesses whether the employee is qualified and the employee also assesses whether the employer meets his or her own requirements, which is a manifestation of the two-way choice between the two parties.

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.

If the employer needs to extend the probationary period, please consult a lawyer.

After the company hires a new employee, the two parties sign a labor contract, which will stipulate the term of the labor contract and the duration of the probationary period, and the term of the labor contract is more than three years, and the probationary period is not more than six months. The parties can only agree on a probationary period once, so the company cannot extend it in the performance of the contract.

1. Can the company extend the probationary period?

The length of the probationary period is generally agreed upon by the employer and the employee in the labor contract, and the employer cannot unilaterally extend the probationary period. The duration of the probationary period shall be determined in the employment contract signed between the employer and the employee.

The law stipulates that if the term of the labor contract is less than 3 months, the probationary period shall not be agreed; if it is less than one year, the probationary period shall not exceed one month; if it is less than three years, it shall not exceed 2 months; If it is more than three years, it must not exceed 6 months. The duration of the probationary period agreed upon by both parties is sufficient as long as it does not violate the provisions of the law.

If the employee needs to terminate the labor contract during the probationary period, he or she may notify the employer in writing 3 days in advance, pay attention to the preservation of the submitted evidence (mail, audio and video recording, etc.), and terminate the labor contract after the expiration date. If the employer terminates the employment relationship during the probationary period, it must notify the employee in a timely manner, which can be done through various means, such as **, etc. In fact, regardless of whether the employment relationship is terminated during the probationary period, the employer has the obligation to serve the termination document on the employee, but this obligation needs to be paid special attention during the probationary period, that is, it must be within the statutory time limit.

2. Is there any compensation for unqualified dismissal during the probationary period?

During the probationary period, if it is proved that the conditions for employment are not met, the employer may terminate the labor contract. However, the employer must prove that the employee does not meet the employment requirements, and the burden of proof for this part lies with the employer. If the employer terminates the contract during the probationary period under any of the following circumstances, the employer does not need to pay severance to the employee.

Article 39 of the Labor Law stipulates that an employer may terminate a labor contract if an employee falls under any of the following circumstances:

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

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, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections after being proposed by the employer;

To sum up, after a new employee joins the company and signs a written labor contract, the company often agrees on a probationary period, which is up to six months, and the company and the employee can only agree on a probationary period once, which cannot be extended after it is determined. During the probationary period, wages and remuneration are also required to be paid on time. If the company can confirm that the employee is not qualified during the probationary period, it can terminate the labor contract with advance notice.