Two questions about the probationary period, what are the related questions about the probationary p

1。If there is no mention of the probationary period in the employment contract, is the probationary period as verbally stated by the company valid? Should it be considered as no probationary period?

A: Invalid. 2。If the company does not sign the labor contract, can the probationary period still be agreed when the contract is re-signed?

A: If the parties already have a de facto employment relationship and have a period of time, the probationary period cannot be agreed.

Your questions are as follows;

1. The company orally agrees that the probation period is valid. The probationary period of fixed-term contracts of more than three years and non-fixed-term contracts shall not exceed 6 months.

2. The same company can only agree on a probationary period once, and the probationary period cannot be agreed upon when making up the visa.

Legally valid, but in practice invalid, because there is no evidence that the probationary period can be written when the visa is reissued

The probationary period verbal agreement is valid.

China's Labor Contract Law stipulates that the same employer can only stipulate one probationary period for the same employee.

1) The probationary period is an agreed clause, and if the parties have not agreed in advance, the employer cannot terminate the employment contract on the grounds of the probationary period. The parties to the employment contract, the employer and the employee must fully negotiate and reach an agreement on the probationary period clause before the probationary clause can be established. A contract is the result of the agreement of the two parties, and is an agreement reached after fully expressing their respective opinions on the basis of mutual benefit and reciprocity, and reaching an agreement on the terms of the contract.

Therefore, neither party shall override the other party, shall not impose its will on the other party, and shall not sign the probationary period clause of the labor contract by means of coercion or coercion.

2) At the same time, the Labor Contract Law limits the agreed conditions for the probationary period, and the employee shall enjoy all labor rights during the probationary period. These rights include the right to remuneration for labor, the right to rest and vacation, the right to occupational safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights provided by law. It also includes the right to participate in democratic management or to negotiate with employers on an equal footing on the protection of the legitimate rights and interests of workers through the workers' congress, the workers' congress or other forms in accordance with laws and regulations.

The probationary period cannot be restricted and treated differently from other workers because of their status.

3) The probationary period is included in the term of the labor contract. In other words, regardless of whether the parties to the employment contract enter into a one-year employment contract or a three-year or five-year employment contract, if a probationary period is agreed, the period before the employment contract (for example, it may be three days, five days, or a week, or one month or two months) is the probationary period, and the probationary period is included in the entire term of the employment contract. Regardless of whether the employment contract is continued after the probationary period or not, it is not allowed to separately stipulate the probationary period.

4) The provisions of the Labor Contract Law on the probationary period reflect the general equality of the rights and obligations of both parties to the labor contract. For example, it is stipulated in the termination of the labor contract that the employee may notify the employer to terminate the labor contract during the probationary period; If the employee is proved to be ineligible for employment during the probationary period, the employer may also terminate the employment contract.

5) It is forbidden to set a disguised probationary period. In order to circumvent the law, some employers stipulate probationary periods, adaptation periods, and internship periods, which are all disguised probationary periods, the purpose of which is nothing more than to reduce the employee's treatment and facilitate the termination of the labor contract. In order to protect the legitimate rights and interests of employees, it should be clarified that these situations should be treated as probationary periods.

If you leave the job after three days of work during the probationary period, you will be paid. The employer shall pay the employee a sum of wages according to the monthly salary agreed in the probationary contract in accordance with the law, and if the payment is not made, it is an illegal act, and the employer can be investigated for legal liability in accordance with the law.

Legal Analysis: Frequently Asked Questions on Probationary Period:

1. Whether the "above" and "dissatisfied" stipulated in the Labor Law include this number.

2. If an employee joins the same unit for the second time, can the probation period be re-agreed?

3. If the position changes, if you are promoted and adjusted, can you re-agree on the probation period?

4. How to understand that the salary during the probation period is not less than the lowest wage or 80% of the salary agreed in the labor contract.

Legal basis: Article 19 of the Labor Contract Law of the People's Republic of China stipulates that if the term of the labor contract is more than three months but less than one year, the probation 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 laborer during the probationary period shall not be lower than 80 percent of the minimum wage for the same post in the unit 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.

According to the Labor Contract Law:

Article 19 Where the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; The same employer and the same employee can only agree on a probationary period once.

Therefore, after the employee resumes work in August, it is not counted as the probationary period, and if the company unilaterally dismisses the employee, it is illegal to terminate the labor relationship and needs to be compensated.