Ultimate pit guideline | These 10 dry goods make you know more about the trial period than the company

During the trial period

In July, most Xiaobao should start the probation period. As the first stop in the workplace, the probation period requires us to learn, familiar with, adapt to the content of the post, and the working environment. This stage is also the most likely to have disputes in everyone and employers.

"The kindness of the probation period must bring a little sharpness." Maybe many friends have heard that if you enter an unscrupulous company, then the probation period is equal to the use period, and there are many examples of the trial period on the Internet. Today I will share the knowledge points of the probation period to tell you how to protect your probation period.

1 ►

How many months can I sign the probation period?

The probation period includes the labor contract in accordance with the provisions of the Labor Law in accordance with the provisions of the Labor Law.

● If the labor contract period is below 6 months, the probation period must not exceed 15 days

● If the term of the labor contract is less than 6 months and less than 1 year, the trial period must not exceed 30 days

● If the term of the labor contract is less than 1 year, the probation period must not exceed 60 days

● If the labor contract period is more than 2 years, the probation period must not exceed 6 months

2►

Can the trial period be extended?

The probation period cannot be extended, and it can only be agreed once.

The employer cannot extend the probation period or agreed multiple times at will;

3►

What should I pay attention to when resigning during the trial period?

According to the "Labor Law", workers can notify the employer to terminate the labor contract at any time during the probation period (no need to notify in advance).

Some employers agreed to be liable for breach of contract during the trial terminal termination of the contract in the labor contract, which actually limits the right to lift the workers. Therefore, this agreement is an act of infringing the legitimate rights of workers. For this agreement, the law is generally confirmed that it is invalid.

Many Xiaobao may be worried about whether to leave the job during the trial period for 30 days in advance. Don't worry about it at all. If you feel inappropriate during the probation period, you can tell the employer 3 days in advance.

4►

The trial period was fired?

According to the "Labor Law", if the worker is proved to be not met the hiring conditions during the probation period, the employer may terminate the labor contract. The condition for the employer to terminate the labor contract is that it must prove that the workers do not meet the hiring conditions during the trial period. What we should pay attention to here is that when the employer requests the termination of the labor contract, the responsibility of the proof is in the employer, and the workers do not need to provide their own proof that they meet the requirements of the hire.

5►

Is there any compensation for the trial period?

Compensation will be compensated when the company cannot prove that the workers do not meet the hiring conditions.

During the trial period, it is proven that the requirements are not met. The employer is terminated in accordance with the law and does not need to pay compensation; if the trial period is fired and the enterprise cannot be proof reasonable, it is illegal. Generally, it is necessary to pay 0.5 months to 1 ~ 1 to 1 Monthly salary compensation.

6►

Is it okay to sign a trial period contract without signing a labor contract?

Can't. After the employer is hired by the employer, the two parties can agreed on the trial period in the labor contract. The probation period should include the prerequisite for the trial period within the time limit of the labor contract.

It is not allowed to sign only a talk contract, not a labor contract. The trial contract signed in this way is invalid, but the invalidation of the "probation period" contract does not cause the labor law to protect the protection of workers.

In order to reduce costs, some units will use the "cheap labor force" during the probation period to sign only the trial period contract without signing the labor contract.

7►

What should I do if the company does not give a labor contract during the trial period?

Within one month from the date of entry, enterprises should establish a written labor contract with the workers. If a written labor contract has not been established for more than a month, from the second month to one year, you can ask the employer to pay twice the salary.

However, if an epidemic is affected by the epidemic situation, if the employer is affected by the epidemic, it is not objective to negotiate with the workers to sign a labor contract. This situation needs to be further communicated with the corporate communication.

8►

Is the salary of 20 % legal?

legitimate. The "Labor Contract Law" stipulates that the salary of the trial period shall not be lower than the minimum salary of the same position in the unit or 80%of the labor contract, and it shall not be lower than the minimum wage standard where the employer is located.

However, some better companies, the salary of the probation period will be the same as the salary after the transfer ~

9►

Is it legal for not paying five insurances and one fund for the probation period?

illegal. The Labor Contract Law stipulates that during the probation period, it contains the term of the labor contract. During the labor contract period, the employer to handle the five insurances and one fund for social insurance for the workers is a legal obligation.

If you encounter a company that does not pay five insurances and one gold during the probation period, the mushroom cubs advise you to run early, and even the basic one of the five insurances and one gold cannot be guaranteed. What do you also talk about, running the road is the best policy.

10►

What if a labor dispute occurs during the trial period?

4 solutions.

● Consultation solution, that is, the parties discuss the disputes and find out the solution. If the negotiation cannot be negotiated or unwilling to negotiate, the parties can also have the right to apply for mediation or arbitration.

● Enterprise mediation, the parties can apply for mediation to the enterprise's labor dispute mediation committee. If the corporate mediation reaches an agreement, the production mediation letter shall be consciously performed (this agreement is not legal binding).If the mediation cannot be regrettable or even if you are unwilling to mediate or even regret the agreement reaching an agreement, you can apply for arbitration directly to the Arbitration Commission.● Labor arbitration is generally accepted by the Labor Dispute Arbitration Commission in the administrative area. When the disputed units and employees are not under the jurisdiction of the same labor dispute arbitration commission, the labor dispute arbitration commission where employees' salary relationship is located.If you are not convinced, you can sue to the local people's court within 15 days of receiving the ruling.

● If the court rules, if any party does not accept the ruling to the people's court, the court will conduct in accordance with the relevant procedures of the Civil Procedure Law.

- END -