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Anonymous users2024-02-13Illegal. The contract must be signed at the beginning of the probationary period. The probationary period is only one part of the employment contract. Overtime is counted as more than 8 hours per day, and overtime is counted as overtime if there are more than 5 days a week without compensatory leave.
Keep the evidence, if you don't do it in the future, you can ask for double wages (if you don't sign a contract within 1 month after the labor relationship arises, you can ask for double wages for up to 11 months, and if you don't sign a contract for one year, you can sign an indefinite labor contract, that is, you can do it forever).
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Anonymous users2024-02-12Ask the lawyer! I believe that the best reply can be found!
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Anonymous users2024-02-11Is your trial period one-time or interrupted? The probationary period can only be agreed upon once in the same company. A probationary period of no more than six months can be agreed upon in a contract of more than three years.
The working day is 8 hours, not more than 40 hours per week, and the rest of the overtime or holiday overtime is paid in multiples of different hourly wages, otherwise it is illegal. Unless the company has negotiated with employees or labor unions, but also due to production needs, the extended working hours shall not exceed 1 hour per day, no more than 3 hours in special circumstances, and no more than 36 hours per week.
If the company needs to work overtime due to production, it must apply and register with the local labor office.
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Anonymous users2024-02-10Labor arbitration settles the matter! It is completely possible to win the case.
1. The unit seriously violates the law, and the Labor Contract Law stipulates that a labor contract should be signed within one month of establishing a labor relationship.
2. Because of the illegal behavior of the employer, you can resign at any time and ask the employer to pay you economic compensation, double salary (up to 11 months), etc., and pay overtime wages.
3. It is a labor dispute, you should file for labor arbitration as soon as possible, you do not need to bear any responsibility, and you can leave your job at any time. The employer does not have the right to garnish any wages.
4. Collect some evidence that can prove that you have an employment relationship with this unit, such as work cards, salary cards, attendance records, etc. Of course, the insurance paid by the employer is the best evidence.
Legal basis. Article 10 A written labor contract shall be concluded for the establishment of labor relations.
If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment.
Article 82 Where an employer fails to conclude a written labor contract with a worker for more than one month but less than one year from the date of employment, it shall pay the worker twice the monthly wage.
Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary 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.
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Anonymous users2024-02-09According to 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.
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Anonymous users2024-02-08Legal Analysis: A four-month probationary contract is generally signed for one year to three years.
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 for the Limo family. The same employer and the same employee can only agree on a probationary period once.
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Anonymous users2024-02-07Legal analysis: Sign an employment contract with a term of more than two years.
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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Anonymous users2024-02-06Sign a labor contract with a term of more than two years. 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 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 the labor contract is for a period of less than three months, the remaining 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 labor destroyer.
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Anonymous users2024-02-05The four-month probationary period contract is generally signed for one to three years.
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 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.
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