Is the probationary period a probationary period? Isn t resignation a breach of contract at this tim

The probationary period is a system for business adaptation and assessment of fresh graduates, not a concept under the labor contract system, but a practice under the personnel system. According to the relevant regulations, after the employer recruits fresh graduates, in principle, it must arrange an internship for a period of one year. Those who have been engaged in practical work in the relevant major for more than one year before enrollment can be exempted from the probationary period with the approval of their unit.

If the probationary period expires, the employee will go through the formalities of regularization, assess the professional title for him, appoint the corresponding position, and determine the position. If the probationary period expires and the apprenticeship requirements are not met, the probationary period can be extended for half a year to one year, or the salary standard can be reduced; Those who perform particularly badly may be dismissed and reassigned by the school. Therefore, in nature, the probationary period is also a probationary period.

Difference Between Probationary and Probationary Period.

After the introduction of the labor contract system, the probationary period system was not abolished, but coexisted with the probationary period. As a result, some employers require graduates to have a one-year probationary period, while some employers directly agree with graduates on a one-year probationary period, after which they will be treated as regular employees. There are also some units that stipulate both probationary and probationary periods, and make probationary periods as part of the probationary periods.

In 1996, when the Ministry of Labor fully implemented the labor contract system, it also stipulated in the form of a reply that "regarding the probationary period and probationary period." Graduates of colleges and technical schools who are newly assigned to work in the employer shall still implement the one-year probationary system in accordance with the original regulations, and a probationary period of no more than half a year may be agreed during the probationary period. "Since the laws and regulations do not have specific provisions on the rights and obligations during the probationary period, there are indeed incompatibles between the probationary period and the current labor contract system.

Many people of insight have proposed that the probationary period system should be abolished as soon as possible.

This is not a breach of contract, because the employer and the employee are still in the process of examining each other and have not signed a formal contract

The probationary period is followed by a probationary period, and resignation is not considered a breach of contract.

This depends on whether you sign a contract or not, if you do, then count, but generally will not sign a contract with you during the probation period!

Legal Analysis: It is possible to resign. It is the employee's right to resign, and if the employee believes that the benefits of working in the company are not very good, the employee can resign at any time without any reason, and the employee only needs to notify the employer in writing one month in advance of the resignation.

Legal basis: Labor Contract Law of the People's Republic of China

Article 37 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.

Article 38 An employer may terminate a labor contract under any of the following circumstances: (1) it fails to provide labor protection or working conditions in accordance with the provisions of the labor contract; (2) Failure to pay labor remuneration in full and in a timely manner; (3) Failing to pay social insurance premiums for workers in accordance with law; (4) The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of workers; (5) The labor contract is invalid due to the ignition of circumstances as provided for in the first paragraph of Article 26 of this Law; (6) Other circumstances in which the labor contract may be terminated as provided by laws and administrative regulations. If an employer forces an employee to work by means of violence, threats or illegal restriction of personal freedom, or if the employer violates rules and regulations and orders risky work that endangers the employee's personal safety, the employee may terminate the labor contract immediately without prior notice to the employer.

Legal Analysis: No, resigning during the probationary period is not considered a breach of contract. If you do not sign a professional skills training agreement, you do not need to bear legal responsibilities.

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 the labor contract is for a period of less than three months, the probationary period shall not be agreed.

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 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.