Can I get paid during the probationary period? How can the rights of workers be upheld?

If the worker provides the work, the employer shall pay the wages. There is no provision that wages will not be paid if the probationary period is less than one month, and there is no legal basis for the so-called trial teaching. You can pass on the lawyer's opinion to your boss, and if the boss still does not pay, you can file a complaint with the local labor department or apply for labor arbitration to ask the boss to pay the wages.

The first week of trial teaching is already considered a probationary period, and you can get a salary, salary = monthly salary during the probation period Full attendance days * attendance days. Because the choice of the probation period is a two-way street, the boss can fire you, and you can also fire the boss! Details can be found online on the employment law.

According to Article 20 of the Labor Contract Law, "the salary of an employee during the probation period shall not be lower 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". You can file a complaint with the Labor Inspection Brigade or file a labor arbitration.

Lawyer Zhang Yuqing.

Article 40 of the Ministry of Labor's "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China" (Lao Bu Fa No. 1995 No. 309) stipulates that if an employee terminates a labor contract in accordance with Paragraph 1 of Article 32 of the Labor Law (during the probationary period), the employer may not pay severance but shall pay wages according to the actual number of days worked.

If you are to be paid during the probationary period, you will be paid according to the number of days you actually work.

You can get your probationary salary back.

If the employer does not give it, you can either file a complaint or apply for arbitration.

Lawyer Chen Yan.

The boss's statement is not in accordance with the law.

According to the law, if the worker provides labor, the employer shall pay the labor remuneration.

Legal analysis: The salary of an employee during the probationary period is generally determined by the employer according to the local wage standard and the wage standard level of the employer, but the salary during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, nor shall it be lower than the minimum wage standard of the area where the employer is located.

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

Article 19 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; 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 the term of a labor contract or a labor contract with a time limit of completing a certain work task 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.

1. A copy of the labor contract signed between the employer and the employee shall be given to the employee, otherwise in the event of a dispute, the employee needs to provide other evidence that can prove the existence of an employment relationship with the employer, which increases the cost of rights protection. At the same time, if the employer fails to hand over the labor contract to the employee, it shall also compensate the employee for any losses caused.

2. The duration of the probationary period shall comply with the provisions of the law. The Labor Contract Law 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. If the excess period has been actually performed, "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".

3. The salary during the probation period shall not be lower than the statutory standard for fiber upgrading. During the probationary period, the salary of the employee shall not be lower than 80 of the minimum wage of the same position in the employer or 80 of the salary agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located.

4. Probationary workers also have the right to request the employer to pay social insurance. In practice, many employers refuse to pay social insurance for employees on the grounds that they are in a probationary period, and only start to apply for social insurance after the employee becomes a regular worker. However, the social insurance enjoyed by a probationary employee is the same as that of a probationary employee, and should not be treated differently, and the employer shall pay social insurance for the employee as long as the employee joins the company.

Of course, since there is a time lag in handling social insurance in practice, as long as the employer maliciously fails to register for the employee and maliciously fails to pay the social insurance, the employee should understand and have the right to urge the employer to apply for social insurance for the employee in a timely manner. When signing a labor contract with the employer, the employee needs to clearly agree on the probationary period. The probationary period is also clearly stipulated in the labor law, and the probationary period is related to the length of the employment contract signed, but the maximum is more than six months.

If the employee joins the employer for the second time, it is not possible to re-agree on the probationary period, and if the employee violates the rules, the employee can apply to the labor bureau for labor arbitration.

If a labor dispute arises during the probationary period, the rights and interests of the employee can be protected according to the following methods: negotiation with the employer; Apply for mediation to the enterprise labor dispute mediation committee, the grassroots people's mediation organization established in accordance with the law, or the organization with labor dispute mediation functions established in townships and neighborhoods; Apply to the Labor Dispute Arbitration Commission for arbitration; If they are not satisfied with the arbitral award, they shall file a lawsuit with the people's court.

[Legal basis].Article 5 of the Law on Mediation and Arbitration of Labor Disputes.

In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate, or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement and agreeing to terminate the elder brother, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with the arbitral award, he or she may file a lawsuit with the People's Court of the People's Legal Fiber Bureau, except as otherwise provided in this Law.