Is it reasonable for our company to sign two probationary contracts with me?

Updated on society 2024-06-19
5 answers
  1. Anonymous users2024-02-12

    Unreasonable, the probationary contract is only once.

    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 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer 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.

    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.

  2. Anonymous users2024-02-11

    The employer violates the law. The Employment Contract Law stipulates that the same employer and the same employee can only agree on a probationary period once.

  3. Anonymous users2024-02-10

    1. Article 19 of the Labor Contract Law stipulates that if the term of the labor contract is between one year and three years, the probationary period shall not exceed two months. You sign up for two years now, and a three-month probationary trial is not eligible.

    2. Article 15 of the Regulations for the Implementation of the Labor Contract Law stipulates that the salary of an employee during the probation period shall not be less than 80% of the salary agreed in the labor contract

  4. Anonymous users2024-02-09

    Legal Analysis: It is a violation of the Labor Law to only sign a probationary contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the term shall be the term of the labor contract, and the labor contract shall be valid.

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

    Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China provides that if an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage.

    If an employer violates the provisions of this Law by not entering into an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract is concluded.

  5. Anonymous users2024-02-08

    Legal Analysis: No, it is against the law to only sign a probationary contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the term shall be the term of the labor contract, and the labor file shall be valid.

    If the employer fails to conclude a written labor contract with the employee for more than one month but less than one year from the date of the employment trip, it shall pay the employee twice the monthly wage.

    Legal basis: Article 82 of the Labor Contract Law of the People's Republic of China If an employer fails to conclude a written labor contract with an employee for more than one month but less than one year from the date of employment, it shall pay the employee twice the monthly wage. If an employer violates the provisions of this Law by failing to conclude an indefinite-term labor contract with an employee, it shall pay the employee twice the monthly salary from the date on which the indefinite-term labor contract should have been concluded.

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