On the new labor law question 50, on the new labor law issue

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.

Severance shall be paid to the worker according to the number of years of service in the employer 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.

If the employer infringes, you can ask to make up the difference in wages for the third month, and you can ask for compensation for half a month's salary. If your employer does not give you 30 days' notice, you can also claim one month's salary in lieu of notice.

In this case, you can apply for arbitration, according to the labor 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.

You can ask to make up the difference in the salary for the third month, and you can ask for compensation for half a month's salary. Article 47 Economic compensation shall be paid to the worker according to the number of years of service in the employer and one month's salary for each full year of the worker's service in the employer. 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 employee shall be paid half a month's salary as severance compensationArticle 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of severance provided for in Article 47 of this Law.

Article 6 If 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, in accordance with the provisions of Article 82 of the Labor Contract Law, pay twice the monthly salary to the Yunsunye worker and make up a written labor contract with the worker; If the employee does not conclude a written labor contract with the employer, the employer shall notify the employee in writing to terminate the labor relationship and pay economic compensation in accordance with Article 47 of the Labor Contract Law.

The starting date for an employer to pay twice the monthly salary to an employee under the former hail payment is the day after the expiration of one month from the date of employment, and the deadline is the day before the written labor contract is concluded.

You can apply for labor arbitration directly at the labor arbitration commission.

Personally, I think:

1. If the labor contract is not signed in writing, it shall be paid at double the monthly salary if it is more than one month but less than one year from the date of employment. That is, from the second month, you must pay an extra 1,000 yuan each month, a total of 2,000 yuan;

2. There are only three circumstances under which 30 days' notice can be given, i.e., the relevant provisions of Article 40 of the Labor Contract Law. If your company illegally terminated the labor contract, it is not a situation where 30 days' notice is applicable, but it should be stipulated in Article 48 of the Labor Contract Law that the compensation shall be paid, because you have only worked for less than six months, so you only have half a month's salary, that is, 500 yuan, and the compensation is twice the economic compensation, that is, 1,000 yuan.

The total is 3000 yuan.

3. In the third month, you will be treated as a regular person, which is the same as you said;

4. According to Article 27 of the Regulations for the Implementation of the Labor Contract Law, 800 yuan is a monetary income, so it should be reflected in the economic compensation or compensation.

If you count 800 yuan, then the total should be 5400 yuan.

Hello! There is no double pay for the first month. So the salary you can get is 5000 yuan. There is no severance payment, but you can get 1 month's salary (because the company illegally terminated the labor relationship).

1. The probationary period is calculated as 2 months. The third month is based on the regular salary.

2. It can be reflected that they are all labor remuneration.

1。In the third month, you can receive your salary according to the official treatment.

2。The $800 should be reflected in the above-mentioned compensation.

your questions; 1. Your thinking is wrong, and you have secretly changed the concept of law; "I'd like to ask if that meansThe contract period of the dispatched worker shall not exceed 6 months

You made this up this paragraph!

2. Article 66 of the Labor Contract Law Labor contract employment is the basic form of employment of enterprises in China. Labor dispatch employment is a supplementary form and can only be implemented in temporary, auxiliary or substitute jobs.

The provisions of the preceding paragraphTemporary jobs are:Refers to a position that has existed for no more than six months；Ancillary jobs refer to non-main business positions that provide services to main business positions; Substitute jobs refer to positions in which employees of the employer are unable to work due to full-time study, vacation, etc., and can be replaced by other workers.

The employing unit shall strictly control the number of labor dispatch workers, and shall not exceed a certain proportion of its total number of employees, and the specific proportion shall be prescribed by the labor administrative department.

The above provisions refer to; Temporary jobs are those that last no more than six months, you give the channel to change; Dispatch workersContract timeIt must not be more than 6 months, which is completely wrong;

3. The correct dismissal is; In the labor dispatch contract, the duration of the job shall not exceed 6 months; At the same time, paragraph 2 of Article 58 of the Labor Contract Law stipulates that; The labor dispatch entity shall conclude a fixed-term labor contract with the dispatched worker for a period of more than two years, monthly payment of labor remuneration; During the period when the dispatched worker is not working, the labor dispatch unit shall pay him monthly remuneration in accordance with the minimum wage standard stipulated by the local people.

That is to sayLabor dispatch requires a fixed-term contract of at least two years

FourthIn the case of labor dispatch labor contracts, a fixed-term contract of at least two years must be signed, and if the labor contract is less than two years, the employer violates the law。More than two years are in full compliance with the provisions of the Labor Law.

The above isLabor law expert Yehnaravundo explains