What are the provisions of the Labor Contract Law on the wages of employees during the probationary

00 Views: 2847 timesThis information was posted by zhangju volunteers[Abstract]Answer: Another aspect of the employer's abuse of the probationary period is the low salary paid to the employee during the probationary period.

In practice, the phenomenon of low salaries and benefits for probationary workers is very common, and many employers regard probationary workers as cheap labor, arbitrarily lower the basic salary, or even do not pay wages. There are also some units that are hard and fast on ....A: Another aspect of the employer's abuse of the probationary period is the low salary paid to the employee during the probationary period.

In practice, the phenomenon of low salaries and benefits for probationary workers is very common, and many employers regard probationary workers as cheap labor, arbitrarily lower the basic salary, or even do not pay wages. In some units, it is mandatory to stipulate that all accidental injuries during the probationary period are not included in the scope of work. This is one of the important reasons why employers are keen to agree on a probationary period.

The social response to the problem of low wages and benefits during the probationary period is very strong. Article 20 of the Labor Contract Law stipulates that the salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer 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. This is the legal minimum standard for the employee's salary during the probationary period.

The following points should be grasped in the understanding of this article: (1) If the two parties to the labor contract between the employee and the employer have agreed on the salary during the probationary period in the labor contract, and the agreed salary during the probationary period is higher than the standard specified in this article, the agreement shall be enforced. (2) The agreed salary during the probationary period shall reflect the principle of equal pay for equal work.

The value provided by the worker during the probationary period does not necessarily mean that it is less than that of the regular worker, so it cannot be taken for granted that the wage of the worker during the probationary period is the minimum standard, which is inconsistent with the principle of equal pay for equal work. This understanding also stifles the employer's profit-driven and abused probationary period to facilitate the use of cheap labor. The principle of equal pay for equal work is also reflected in the fact that employers must pay social insurance for employees during the probationary period, which is a legal obligation of employers and cannot be evaded in order to reduce enterprise costs.

3) The wages of workers during the probationary period are actually stipulated in this article as two minimum standards: 1. They shall not be lower than the minimum wage of the same position in the unit; 2. Or 80% of the salary agreed in the labor contract. This raises the question of which standard should be followed, and the correct understanding should be that the higher of the two in the provision.

4) The wages of the workers during the probationary period shall not be lower than the minimum wage in the place where the employer is located, and the standard shall not be lower than the minimum wage, and Article 48 of the Labor Law stipulates that the state shall implement a minimum wage guarantee system. The wages paid by the employer to the employee shall not be lower than the local minimum wage.

1. How does the Labor Contract Law stipulate the wages during the probationary period?

1. The salary of the worker during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. The employer shall establish an employment relationship with the employee from the date of employment. 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.

2. Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China.

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; The probationary period shall not exceed six months for a fixed-term employment contract of more than three years and without a fixed-term sales limit. 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.

2. The number of days' notice given to the employee to resign during the probationary period.

During the probationary period, the employee is generally required to notify the employer three days in advance, and the employment relationship can be terminated after the expiration of the three-day period. If the probationary period has passed, the employer shall be notified in writing 30 days in advance. Or after consultation with the unit, leave the company according to the date agreed by both parties.

During the probationary period, the employee's salary shall not be less than 80% of the regular salary and shall not be lower than the local minimum wage, which is the legal minimum standard for the employee's salary during the probationary period. If the employee and the employer have agreed on the salary for the probationary period in the labor contract, and the agreed salary for the probationary period is higher than the above-mentioned standard, the agreement shall be enforced. According to:

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; 3. The probationary period shall not exceed six months for fixed-term and indefinite-term labor contracts with a lease code of more than one year. Article 20 of the Labor Contract Law of the People's Republic of China stipulates that the salary of an employee during the probationary period shall not be lower than the minimum wage of the same position in the employer or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 20 of the Labor Contract Law of the People's Republic of China mainly stipulates the wage standard for the probationary period. It is clarified that the salary during the probation period shall not be lower than 89% of the salary agreed in the labor contract, or shall not be lower than the minimum wage of the same position in the unit.

1. Provisions on wages during the probationary period of labor contracts

Article 20 of the Labor Contract Law stipulates that the salary of an employee during the probationary period shall not be lower than the minimum wage of the same position in the employer, or 80% of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

Article 12 of the Minimum Wage Provisions of the Labor Contract Law stipulates that the wages payable by the employer to the employee shall not be lower than the local minimum wage standard after excluding the following items:

1) Wages for extended working hours;

2) Allowances for special working environments and conditions such as middle shifts, night shifts, high temperatures, low temperatures, underground, toxic and harmful;

3) Workers' welfare benefits as stipulated by laws, regulations and the state.

Employers that implement piecework wages or commission wages and other forms of wages shall, on the basis of scientific and reasonable labor quotas, pay wages to workers that are not lower than the corresponding minimum wage standards.

The provisions of this article do not apply to the failure of a worker to provide normal work during the statutory working hours or during the working hours stipulated in the labor contract signed in accordance with the law due to his own reasons.

2. Is it legal to be dismissed without wages during the probationary period of 3 days?

If it is not lawful, the employee must pay his or her wages if he is dismissed within 3 days of the probationary period.

1. If the employee signs a personal resignation letter, it means that the employee has the initiative to terminate the contract during the probation period: in this case, the company only needs to pay the employee the salary for the actual working hours, but does not have to give the employee economic compensation.

2. If the employee does not sign: the company terminates the contract during the probationary period, it must provide evidence to prove that the employee "does not meet the employment conditions".

1) If the company has such evidence: the company has terminated the labor contract with you in accordance with the law, and it has to pay the employee the wages for the actual working hours, but does not have to pay the employee economic compensation;

2) If the company cannot provide evidence to prove that the employee "does not meet the employment conditions": it means that the company has terminated the contract illegally, and in this case, if the employee requests to continue to perform the contract, the company shall perform; If the employee does not request to continue to perform the contract, the company shall pay the employee 2 times the severance as compensation, i.e.:

If the worker has worked for less than three months, the worker shall be paid one month's compensation in addition to the actual wages he or she has received.

In order to protect the legitimate rights and interests of employees during the probationary period, the relevant laws set out minimum standards for the wages of employees during the probationary period, which are specifically stipulated in Article 20 of the Labor Contract Law. Even if the employee resigns and leaves after not working for a few days during the probationary period, the employer shall pay the wages and remuneration for the actual working days in accordance with the agreement between the two parties.

Article 19 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 employment 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. Article 20 During the probationary period, a worker's salary shall not be lower than 80 percent of the minimum wage for the same post in the unit 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.

During the probationary period, Li Zhengwan shall not terminate the labor contract unless the laborer falls under the circumstances provided for in Article 39 and Article 40, Paragraphs 1 and 2 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. Article 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance.

The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.