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Irrationality. Wages are available during the probationary period and should be paid monthly. Of course, the salary during the probationary period is slightly lower than the official salary, but it cannot be too low, at least not lower than the local minimum wage.
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This is against the law.
The new Labor Contract Law stipulates that the probationary period is also paid, and the salary shall not be lower than the minimum wage of the unit (of course, it cannot be lower than the local minimum wage standard) or 80% of the salary after formal employment
If the enterprise does not have such an organization, you can apply for arbitration at the local labor dispute arbitration committee, and if you are not satisfied with the arbitration award, you can file a lawsuit within 15 days after receiving the award.
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This kind of regulation is normal, but you have to pay attention to whether the company is reliable, and after three months let you go and do not pay the phenomenon, so you have to sign a probationary contract, if the company violates the new labor law you can pursue its legal responsibility.
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They just talk about it, they may see if you want to work, and by the way, they can negotiate with you about your salary, and they have to pay you whenever you want to leave, and you think they don't know.
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Nonsense! There is no bonus during the probationary period, and the basic salary is still available.
Even if there was a 3-month trial period, although it was not much, there were nearly 2,000 oceans.
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There is a salary for the probationary period, but it varies from company to company.
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Such a company advises you not to go.
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Legal analysis: If you don't have a probationary period, you have to pay a salary, unless you leave yourself, the general probationary period is 3 to 7 days, no company or boss will give you a salary, you do it for four days, he will give you four days of salary, you can go to the court to report.
Legal basis: Labor Contract Law of the People's Republic of China
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 less than 80 percent of the minimum wage per mu 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.
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1. What should I do if there is no salary during the mu travel period?
1. The solution to the lack of salary during the probation period is as follows:
1) Negotiate and communicate with the company and ask for the payment of corresponding legal wages;
2) Submit all complaints and reports to the local labor administrative department;
3) Retain relevant evidence.
2. Legal basis: Article 50 of the Labor Contract Law of the People's Republic of China.
Obligations of both parties after the dissolution or termination of the labor contract] The employer shall issue a certificate of dissolution or termination of the labor contract upon the dissolution or termination of the labor contract, and complete the formalities for the transfer of the employee's file and social insurance relationship within 15 days.
The worker shall handle the handover of work in accordance with the agreement between the two parties. Where an employer shall pay economic compensation to an employee in accordance with the relevant provisions of this Law, it shall do so at the time of completion of the work handover.
The employer shall keep the text of the labor contract that has been dissolved or terminated for at least two years for future reference.
Article 46.
Severance Compensation] The employer shall pay severance to the employee under any of the following circumstances:
1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;
2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;
3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;
4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;
5) Terminating a fixed-term labor contract in accordance with the provisions of Paragraph 1 of Article 44 of this Law, except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract;
6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;
7) Other circumstances provided for by laws and administrative regulations.
2. How to terminate the labor contract.
The process of terminating an employment contract is as follows:
1. Prepare a written notice of termination of the labor contract and serve it to the employee;
2. The labor union shall be notified of the reasons for terminating the labor contract in advance;
3. Issue a certificate of dissolution or termination of the labor contract at the time of dissolution, and go through the procedures for the transfer of files and social insurance relations for the employee within 15 days;
4. If the employer shall pay economic compensation to the employee in accordance with the relevant provisions of the law, it shall be paid when the worker completes the work handover.
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Legal analysis: Yes, the salary during the probation period should not be lower than the minimum wage of the same position in the unit or 80% of the salary agreed in the labor contract.
Legal basis: Contract Law of the People's Republic of China Article 20 The salary of a worker during the probationary period shall not be less 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.
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Legal analysis: 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. Lift the stove.
Legal basis: Labor Contract Law of the People's Republic of China Article 20 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 Wang Yan's employer is located.
Labor Law: Article 11 If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. >>>More
If the company says so, it is infringing on your legitimate rights and interests, and you should be able to get your deposit back, (or the probationary period will be completed, or 7 days). If this is still the case, please find your local labor and social security department to assist you. >>>More
The content of the work summary is divided into the following parts: >>>More
The extension of the probationary period is illegal, and the employee can file a complaint with the local labor inspection brigade, which stipulates that the employer and the employee can only agree on a probationary period once. >>>More
The self-assessment form should be started from three aspects: >>>More