Can the trial period stipulated in the labor contract be changed?

The probationary period stipulated in the labor contract may be changed, but the probationary period stipulated in the labor contract shall not be violated by the provisions of the Labor Contract Law, and the probationary period agreed in the labor contract may be changed by the agreement of the employer and the employee.

Labor Contract Law

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 35 The employer and the worker may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form.

The amended labor contract shall be held by the employer and the employee.

Article 83 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.

Legal Analysis: Can be changed. The date of the labor contract can be changed if the date is written incorrectly, and the employee and the employer can change the content of the labor contract by consensus.

Modification of the labor contract shall be in writing. 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.

Legal basis: Article 543 of the Civil Code of the People's Republic of China The parties may modify the contract if they reach a consensus through consultation.

The probationary period is subject to a contract.

The parties to the labor contract may not agree on a probationary period, or they may agree on a probationary period, and the probationary period shall not exceed 6 months. That is, the probationary period should be included in the term of the labor contract, and during the probationary period, the employer should also participate in social security for the employee in accordance with the law. During the probationary period, the employee may terminate the labor contract at any time, and the employer may also terminate the labor contract if it proves that the employee does not meet the employment requirements during the probationary period.

According to the relevant laws and regulations of the state, 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.

In practice, it is true that many employers verbally agree with employees on a three-month or six-month probationary period, but do not sign an employment contract. After the expiration of the probationary period, the employer will sign a formal labor contract if it deems that the probationary period is qualified, and if the employer believes that it does not meet the employment requirements, it will terminate the labor relationship. In fact, this practice of the employer violates the law.

The premise of the existence of the probationary period is that both parties have signed a labor contract, and without the signing of the labor contract, there is no such thing as a probationary period. If the employer only agrees on a probationary period but does not sign a labor contract, it shall be deemed that there is no probationary period, and the labor dispute between the two parties will be handled in accordance with the de facto labor relationship, and the employer will often have to "suffer losses".

Within one month of employment, a written labor contract should be signed!

As long as there is relevant evidence, you can win the case by applying for labor arbitration, and labor arbitration is free of charge, and you can handle it yourself without asking a lawyer! I am a labor arbitrator, and I can consult on labor arbitration, labor disputes, and enterprise labor law

1. In this case, the unit is seriously violating the law, and the Labor Contract Law stipulates that the labor contract shall be signed within one month of establishing the labor relationship; If you do not sign a written labor contract, you should be paid double wages! And you can also ask the employer to pay you severance payments, overtime wages, arrears of wages, etc.;

2. Collect some evidence that can prove that you have a labor relationship with this unit, such as tooling (with the word company), work card (preferably with an official seal), work card (preferably with an official seal), salary card salary slip, attendance records, social security payment records, colleague testimony or other written materials with your name, official seal or boss signature, etc., as long as there is a favorable evidence!

Labor Contract Law

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.

Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. where it is more than six months but less than one year, it is calculated as one year; If it is less than six months, the worker shall be paid half a month's salary.

Labor Dispute Mediation and Arbitration Law

Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China:

1) Disputes arising from the confirmation of labor relations;

2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts;

3) Disputes arising from removal, dismissal, resignation, or resignation;

4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection;

5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.;

6) Other labor disputes as stipulated by laws and regulations.

During the trial period, that is, the probationary period in the labor relationship, everyone has formed a de facto labor relationship, so the labor contract should be signed.