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Anonymous users2024-02-15Xiao Ming is still on probation, and his salary must not be less than 80% of the salary agreed in the labor contract.
The probationary period is included in the term of the employment contract, the employer assesses whether the employee is qualified, and the employee also assesses whether the employer meets its own requirements, which is a manifestation of the two-way choice between the two parties.
According to the current Regulations for the Implementation of the Labor Contract Law of the People's Republic of China, the salary of an employee during the probationary period shall not be less than 80% of the minimum wage of the same position in the employer, and shall not be lower than the minimum wage standard of the place where the employer is located.
There is also a pay for leaving the company within seven days of the probationary period
If the employee leaves the job within seven days of the probationary period, the employer shall pay the employee's salary in one lump sum when the labor contract is terminated or terminated. Wages shall not be deducted or unjustifiably delayed. Legal basis:
Article 50 of the Labor Law of the People's Republic of China Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.
Article 9 of the Interim Provisions on Payment of Wages When both parties to an employment relationship dissolve or terminate a labor contract in accordance with the law, the employer shall pay the employee's wages in full at the time of dissolution or termination.
The above content refers to Minnan Net-Ant Manor, April 11, answer: Xiao Ming is still on probation, and his salary shall not be lower than the salary agreed in the labor contract.
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Anonymous users2024-02-14Of course, you can. For example, if you agree on a monthly salary of 3,000 during the practical period, then he must also pay you 3,000 when he pays the salary, that is, this is in line with the law.
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Anonymous users2024-02-13During the probationary period, the employee's salary shall not be less than 80% of the contract wage, and at the same time, it shall not be lower than the minimum wage standard of the place where the employer is located.
If the salary during the probationary period is lower than the minimum wage, the employer shall pay the difference; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable.
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Anonymous users2024-02-12The Labor Contract Law stipulates that the salary during the probationary period shall not be less than 80% of the salary agreed in the contract.
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Anonymous users2024-02-11Garbage companies will make a difference!
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Anonymous users2024-02-10Legal analysis: The salary during the probationary period cannot be less than 80% of the labor contract. 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 of Yanhumu 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.
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 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, 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.
Labor Law: Article 11 If the employer fails to conclude a written labor contract at the same time as employing the employee, and the labor remuneration agreed with the employee is not clear, the labor remuneration of the newly recruited worker shall be implemented in accordance with the standards stipulated in the collective contract; Where there is no collective contract or the collective contract does not provide for it, equal pay for equal work shall be implemented. >>>More
Irrationality. Wages are available during the probationary period and should be paid monthly. Of course, the salary during the probationary period is slightly lower than the official salary, but it cannot be too low, at least not lower than the local minimum wage.
If the company says so, it is infringing on your legitimate rights and interests, and you should be able to get your deposit back, (or the probationary period will be completed, or 7 days). If this is still the case, please find your local labor and social security department to assist you. >>>More
1.It is illegal not to sign a contract during the probationary period. The labor contract shall be signed within one month of the employee's employment, and if the employer fails to sign it for more than one month, it is illegal, and the employer shall pay the employee double the salary for the period from the day after the employee has completed one month to the day before the labor contract is re-concluded. >>>More
Supplement: If there is no commitment at all, the unit must pay wages in accordance with the contract, which is a mandatory provision of the labor law and does not require the commitment of the other party. If the salary is not stipulated in the contract, then you need to show evidence to prove it, such as how much other employees have paid and how much you have paid, or use the payslip, or use the salary system of the unit, or find other colleagues to prove it for you. >>>More