What is the maximum number of months for the trial period? The probationary period is generally a fe

If an employer signs a labor contract with an employee for a period of more than 3 years, it may agree on a probationary period of up to 6 months with the employee.

During the probationary period, if the employee proposes to terminate the employment contract, it is only necessary to terminate the employment contract three days in advance.

Article 19 of the Labor Contract 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.

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 37 A worker may terminate a labor contract by notifying the employer in writing 30 days in advance. The employee may terminate the labor contract by notifying the employer three days in advance during the probationary period.

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 (including one year), the probationary period shall not exceed two months;

For fixed-term and indefinite-term labor contracts of more than three years (including three-year labor contracts), the probationary period shall not exceed six months.

The probationary period is matched according to the duration of your employment contract, and in principle, the maximum length cannot exceed 6 months!

The probationary period is one thing, and the conversion period is another. Upstairs is very detailed, and the probationary period should not exceed six months, provided you have a contract of three years or more.

Legal Analysis: The provisions on the probationary period vary depending on the duration of the work. Where the period of labor is more than three months but less than one year, the probationary period must 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. 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.

Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China 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 one probationary period.

A probationary period shall not be agreed upon in the first acre of a labor contract with a term of completion of a certain work task or if the term of the labor contract is less than three months.

The employment contract may stipulate a probationary period, and the probationary period shall not exceed six months. 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; 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.

1. Compensation standards for dismissal without fault during the probationary period.

1.Economic compensation shall be paid to the worker according to the number of years of service in the unit and one month's salary for each full year;

2.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 as economic compensation;

3.If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of payment of economic compensation to the employee shall not exceed 12 years.

2. Compensation standards for dismissal without fault during the probationary period.

Economic compensation shall be paid to the employee according to the number of years of service in the employer, and one month's salary shall be paid 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 as economic compensation;

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of severance shall be paid to him at the rate of three times the average monthly wage of the employee, and the maximum period of payment of severance shall not exceed 12 years.

3. Can I be dismissed without reason during the probationary period?

1.Even during the probationary period, it is still necessary to sign a labor contract and pay social security.

2.If an employee is incompetent for work during the probationary period, the enterprise may terminate the employment relationship with the employee at any time on the grounds that the employee does not meet the employment conditions during the probationary period.

3.If the employer wants to terminate the labor contract, it must have reasonable and lawful reasons.

Legal basis

Labor Law of the People's Republic of China

Article 21.

The employment contract may stipulate a probationary period. The probationary period shall not exceed six months.

The probationary period of less than three years shall not exceed two months; The probationary period of a fixed-term or indefinite-term labor contract of more than three years shall not exceed six months; The labor contract shall not be limited to the completion of certain work tasks, or if the term of the labor contract is less than three months, a probationary period shall be stipulated.

The so-called probationary period, also known as the adaptation period, refers to the probation period of no more than 6 months agreed between the employer and the employee in the employment contract for mutual understanding and choice. The purpose is to allow the employee and the employer to examine each other to decide whether or not to establish an employment relationship.

You cannot be dismissed at any time during the probationary period. The probationary period refers to the period included in the employment contract, during which the employer assesses whether the employee is qualified and the employee meets its own requirements. It's a two-way street.

During the probationary period, if the employee is proved to be ineligible for employment, the employer shall dismiss the employee without paying economic compensation. If it is not the fault of the worker, severance is paid.

Article 40 of the Labor Contract Law of the People's Republic of China provides that under any of the following circumstances, the employer may terminate the labor contract after giving 30 days' written notice to the employee or paying the employee an additional month's salary: (1) The employee is sick or injured not due to work, trembling after the expiration of the prescribed medical treatment period, and is unable to perform the original job or work arranged by the employer; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the content of the labor contract after consultation.

Article 83 of the Labor Contract Law of the People's Republic of China stipulates that if an employer violates the provisions of this Law by agreeing on a probationary period with an employee, the labor administrative department shall order it to make corrections; If the probationary period for violation of the law has expired, the employer shall pay compensation to the employee according to the employee's monthly salary after the expiration of the probationary period.

Legal basis: Article 39 of the Labor Contract Law of the People's Republic of China provides that the employer may terminate the labor contract if the employee falls under any of the following circumstances: (1) The employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty or malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, seriously affecting the completion of the work tasks of the unit, or refuses to make corrections upon the employer's request; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.

The probationary period of less than three years 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. 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 so-called probationary period, also known as the adaptation period, refers to the probation period of no more than 6 months agreed in the employment contract between the employer and the employee for mutual understanding and selection. The purpose is to allow the employee and the employer to examine each other to decide whether or not to establish an employment relationship.

The probationary period cannot be dismissed at any time. The probationary period refers to the period included in the term of the labor contract, the employer assesses whether the employee is qualified, and the employee also assesses whether the employer meets his own requirements, which is a two-way choice between the two parties.

During the probationary period, if the employee proves that he or she does not meet the employment requirements, the employer dismisses the employee without paying severance to the employee. If it is not the worker's fault, severance is required.

Article 40 of the Labor Contract Law of the People's Republic of China Under any of the following circumstances, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an additional month's salary: (1) the employee is sick or injured not due to work, and is unable to perform the original job or work arranged by the employer after the expiration of the prescribed medical treatment period; (2) The worker is incompetent for the job, and is still incompetent for the job after training or job adjustment; (3) There is a major change in the objective circumstances on which the labor contract was concluded, making it impossible to perform the labor contract, and the employer and the employee fail to reach an agreement on changing the content of the labor contract after consultation.

Article 83 of the Labor Contract Law of the People's Republic of China stipulates that if an employer violates the provisions of this Law by agreeing on a probationary period with an employee, 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 basis: Article 39 of the Labor Contract Law of the People's Republic of China The employer may terminate the labor contract under any of the following circumstances: (1) the employee is proved to be ineligible for employment during the probationary period; (2) Seriously violating the rules and regulations of the employer; (3) Serious dereliction of duty or malpractice for personal gain, causing major harm to the employer; (4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the unit, or refuses to make corrections after being proposed by the employer; (5) The labor contract is invalid due to the circumstances provided for in Item 1, Paragraph 1 of Article 26 of this Law; (6) Those who have been pursued for criminal responsibility in accordance with law.