After the expiration of the probationary period, it is not legal to ask for the renewal of the proba

According 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. Moreover, the same employer and the same employee can only agree on a probationary period once. Article 21 of the Labor Contract Law also stipulates that during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law.

If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

It can be said that the new Labor Contract Law provides comprehensive protection for the legal rights of employees during the probationary period. After the expiration of the probationary period, it is illegal for your company to request to renew the probationary period contract with you, because the same employer and the same employee can only agree on a probationary period once, and if the employer violates the provisions of the Labor Contract Law and agrees on a probationary period with the employee, the labor administrative department shall order it to make corrections in accordance with Article 83 of the Labor Contract Law; 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.

If it is not legal, the probationary period of one to three years shall not exceed 2 months, and the probationary period shall not exceed 6 months if the contract period is more than 3 years.

1. Is there a probationary period for the renewal of the labor contract?

1. The same employer and the same employee can only agree on a probationary period once. Where an employer and an employee have agreed on a probationary period, and the labor contract is re-signed or renewed, the probationary period shall not be agreed upon again. According to the above provisions, regardless of the specific content of the employment contract, only one probationary period can be agreed.

2. Legal basis: Article 46 of the Labor Contract Law of the People's Republic of China.

Under any of the following circumstances, the employer shall pay economic compensation to the employee:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) 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, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

3) Other circumstances provided for by laws and administrative regulations.

2. What materials are required to sign the labor contract?

The materials required to sign the labor contract are as follows:

1. A copy of ID card;

2. A photocopy of academic certificate;

3. A copy of the relevant qualification certificate;

4. Two one-inch blue backgrounds;

5. If you have resigned before, you may also need to apply for a resignation certificate.

3. How long is the term of the labor contract?

There is no specific term for the labor contract, as long as the two parties agree through consultation, the term of the labor contract can be agreed on any length of time, or it can be agreed that there is no fixed length of time, and it can also be agreed to be limited to the completion of certain work tasks. The employee may terminate the 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.

There is no probationary period for renewed employment contracts. Since the same employer and the same Laoling Yinqiao can only agree on a probationary period, 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.

Is there still a probationary period for the renewed employment contract?There is no probationary period for renewed employment contracts. Since the same employer and the same employee can only agree on one probationary period, 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; The probationary period shall not exceed six months for a fixed-term employment contract of more than three years and an indefinite-term labor contract.

Is there a legal basis for a probationary period for a renewed employment contract?

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 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 salary of the employee 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.

There is no probationary period. According to the relevant provisions of the Labor Contract Law, the same employer and the same employee can only agree on a probationary period once. If it is the first time to sign a labor contract, the duration of the probationary period is also clearly stipulated by law, and if the contract period 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;

Cave Naqi.