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The new labor law stipulates that if the contract period is a fixed period of three years, the probationary period can be 3-6 months, which is established.
If your company signs a three-year labor contract? If so, there is no heterogeneity.
Also, when you don't graduate, the company can't sign a contract with you, you can only sign an internship agreement or something on the grounds of internship.
Now that you've graduated, the company can hire you with a normal procedure for hiring ordinary employees, and there's nothing wrong with the company doing that.
But if you perform well, or if the company's leaders treat you well, after you graduate, the company can also waive the probationary period and directly help you become a regular
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These two things for you, the internship period does not violate the labor law, and the internship period indicates that your relationship is still in school, and only when you officially dissociate yourself from the school and enter the company's probationary period will officially begin.
However, the probationary period is a violation of labor laws. Generally, only the probationary period of a contract of more than 3 years can be 3 months.
Moreover, the salary during the probation period shall not be less than 80% of the salary of employees in the same position.
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In terms of the formal system, during the internship period in the school, the school and the company are responsible for training you, and you are still a student. Now that you have graduated and become a member of society, the company hires you with a person from the community, of course, with a probationary period. That's right.
The probationary period is 3 to 6 months, an absolute violation of labor law. The probationary period is one month. Of course, it depends on whether your company abides by this law or not. I'm still changing jobs, and a 6-month trial is too much.
I said depressedly, our company is not. Now a minimum of 2 months trial.
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What is the difference between a probationary period and an internship period?
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Legal Analysis: The probationary period is not the same as the internship period. The internship period refers to the process of students participating in practical work in specific positions in the unit during the school period, and its purpose is to achieve the integration of theory with practice and better learning and understanding of scientific and cultural knowledge, which only involves students.
The probationary period is a certain period of time agreed in the contract by the parties to the contract for the purpose of mutual understanding, inspection and selection.
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 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.
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In the workplace, in addition to the formal work, there are two working statuses:
1. Trial. 2. Internship.
These two absenteeism work statuses are different from regular jobs. ......At the same time, there is a big difference between these two working states.
Specifically, there are the following differences between the internship period and the probationary period:
1. Different identities.
A person who is in the probationary period is a person who has been hired by the employer but has not yet officially started working.
Those who are in the internship period are not employees of the workplace, but students or employees of other organizations.
2. The working state is different.
For those who are in the probationary period, the content of their work is not much different from that of the job.
The only difference between an employee during the probationary period and a regular employee is that they are not officially hired.
Those who are in the internship period are also working, but the main purpose of their work is to learn rather than to create performance.
3. The goals are different.
Those who are on probation have the goal of passing the assessment and eventually being hired as a full-time employee.
The goal of the internship is to learn relevant professional skills and lay the foundation for self-improvement.
From the above analysis, it can be seen that the probationary period and the internship period are two completely different models.
The probationary period is for employees who have been hired by the unit but have not yet officially joined the job and are still in the probation period.
The internship period is for employees of other companies or school students. ......They come here for internships to learn about their professional skills.
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The two are not the same, and we will explain the difference between the two in detail from four aspects.
1. The identities of the parties are different. A natural person who is in the probationary period can only be a worker; The natural person who is in the internship period is a student.
2. The relationship between rights and obligations is not the same. If there is an employment relationship between the parties during the probationary period, the employer shall bear the responsibility of no fault to the employee, and jointly fulfill the obligation to pay social insurance premiums with the employee, and the wage and remuneration paid to the employee shall not be lower than the local minimum wage standard. The unit where the student interns is located does not bear the responsibility of no fault for the intern students, and is not required to implement the minimum wage standard.
3. The basis of the relationship between the subjects is different. The relationship between the employer and the employee, including the rights and obligations during the probationary period, shall be regulated by the Labor Law and its relevant provisions, such as if the term of the labor contract is less than 6 months, the probationary period shall not exceed 15 days; If the term of the labor contract is between 6 months and 1 year, the probationary period shall not exceed 30 days; If the term of the labor contract is between 1 year and 2 years, the probationary period shall not exceed 60 days; If the term of the labor contract is more than 2 years, the probationary period shall not exceed 6 months.
4. The purposes of the parties are different. During the probationary period, it mainly reflects the purpose of the employer, that is, to obtain human resources to meet the needs; During the internship period, for the unit where the intern students work, the internship activities of the students are the same or similar to the production and operation activities of the workers, but there are essential differences in the purpose, and the student internship activities mainly reflect the common purpose of the school and the students, in order to improve the quality of the intern students.
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The probationary period refers to the employer's assessment of whether the employee is qualified during the term of the labor contract, and at the same time, it is also the employee's assessment of whether the employer meets his own requirements, which can be said to be a two-way choice. Many friends think that probation and internship are the same thing, but in fact they are not, they are quite different, mainly reflected in three aspects.
The identity of the parties is different, and the pants are rolled.
Those who are in the probation period can only be workers, and those who are in the internship period are students;
The relationship between rights and obligations is different.
During the probationary period, the employer shall bear the responsibility of no fault to the employee, and shall fulfill the obligation to pay social security premiums together.
The no-fault liability here means that if the employee makes a mistake, the employer must bear the corresponding responsibility, regardless of whether the employer is involved in the judgment or not. However, during the remaining period of the internship, the employer does not bear the responsibility of no fault for the intern students, nor does it have to fulfill the minimum wage standard.
The purposes of the parties are different.
The probationary period mainly reflects the purpose of the employer to supplement human resources, while the internship period reflects the student's ability to improve his or her own quality. So there's a big difference between the two.
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One of the biggest differences between an internship and a probationary period is whether or not you are a student.
The internship period is usually the process of students going to the company to participate in work practice during the school period, and your identity is still a student at this time. Traveling in the air.
The probationary period is a process in which you go to work in the company as a worker after you graduate, and the company assesses whether you are suitable, at which point you have graduated and are no longer a student.
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It's not the same, the internship period is aimed at the period when college students graduate and other learning vocational skills, and the probation period is a period when they are looking for a job early, a person in the community, etc., entering a new company, a period of learning and training, and the unit is also testing his work ability. During these two periods, the level of work is not the same, and some internships have to pay internship fees.
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The probationary period is not the same as the internship period, and the company has a reason to dismiss during the probationary period, and the internship period is equivalent to the official employment.
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The probationary period is not the same as the internship period, which refers to the internship after you have completed the internship. Well, yes, it's working, let you try it out for a while, and see how you perform. Can Sun Rang pick up this stall?
And the 17th phase of Chakai Blind is when you just graduated from college, you have an internship stage. Then I get used to your job and then you can go into a probationary period.
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The probationary period and the internship period are not the same.
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The two were not the same before.
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The probationary period is not the same as the internship period, and the probationary period starts to work officially after the successful probationary period, while the internship period is just some simple learning before joining the job.
According to the regulations, if the driver's license is revoked for drunk driving during the probationary period, you cannot retake the driver's license within five years, in other words, you must pass five years before you can retake the driver's license.
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