1. How long is the trial period generally?
The Labor Contract Law stipulates that the length of the trial period varies with the signing of labor contracts of different durations. If the term of the labor contract is less than three months and less than one year, the probation period shall not exceed one month. If the term of the labor contract is less than one year and less than three years, the trial period shall not exceed two months; for a fixed period of three years or more and a labor contract without a fixed period, the trial period shall not exceed six months.
In practice, the regulations for different trial periods in different industries and different companies are different. The length of the specific trial period should be clearly confirmed before entering the company.
Let's look at a case like this. After Nan Nan graduated from a company, he originally agreed on a three-month probationary period. Near the end of the probationary period, the unit leader asked him to talk, saying that it was based on his previous work performance, and the probation period was Extend for 1 month. Is this legal?
Of course not legal. The Labor Contract Law stipulates that the same employer and the same worker can only agree on one trial period. In other words, the trial period can not be changed after the agreement, naturally there is no extension. The employer and Nan Nan agreed on a three-month probationary period, which cannot be extended at will, otherwise it is a violation of the law.
2. Do you have to sign a labor contract during the probation period?
The Labor Contract Law clearly states that a labor contract should be concluded when establishing a labor relationship. The employer should sign a labor contract with the employee when the worker begins to work for him, instead of signing the labor contract after the expiration of the probation period.
Therefore, the probation period is included in the term of the labor contract. It is illegal to sign a contract that only stipulates the probation period, or does not sign a labor contract with the employee during the trial period.
3. Can I cancel the contract during the trial period?
The Labor Contract Law stipulates that the probation period is a normal stage in the existence of labor relations. During this period, the rights and interests of laborers are the same as those in the labor contract period and are guaranteed by law. During the trial period, both the laborer and the employer can terminate the labor contract.
As far as the right of rescission is concerned, the laborer can terminate the labor contract only by notifying the employer three days in advance, which is a significant increase in the degree of freedom compared to the 30-day obligation in the labor contract period. It is also in this sense that the probation period can be regarded as the period of inspection of the employer to the employer.
Of course, the law also gives the employer the right to terminate the labor contract during the probationary period, but it must follow the relevant procedural rules and must not be arbitrary. If the employer proves that the laborer does not meet the conditions of employment and can give a reasonable reason, the trial can be terminated without incurring the liability for compensation caused by the termination of the labor contract.
4. How is the salary during the probation period issued?
According to the Labor Contract Law, the wages of laborers during the probation period shall not be lower than the minimum wage of the same post in the same position of the unit or the wages agreed in the labor contract, and shall not be lower than the minimum wage standard of the employer.
Then, another question arises. Can the company reduce the salary of employees during the trial period?
Based on this, we can understand that the employer can reduce the salary during the probation period, but the standard of salary reduction is limited, and cannot be reduced to less than 80% of the contracted salary, and cannot be lower than the local minimum wage.
5. Is the insurance fund required to be paid during the probation period?
The probation period is included in the term of the labor contract. During this period, it is a legal obligation for the employer to handle five insurances and one gold for the laborer (endowment insurance, medical insurance, unemployment insurance, work injury insurance, maternity insurance and housing provident fund).
In real life, many SMEs are not standardized, and the probation period often does not pay five insurances and one gold for workers. For the sake of their own interests, it is recommended that job seekers ask these questions in the offer negotiation: Is there a five insurance and one gold? What is the base for the payment of five insurances and one gold? What is the payment ratio?
For example, in many companies, your monthly salary is 5K, which should be paid in 5K, but companies often set the basic salary to 3K, so you can only pay by 3K. The contribution rate of the provident fund is 5%-12%. If the enterprise pays 12%, then your monthly deduction should be 3000*12%=360 yuan. If the company pays 5%, then your monthly deduction should be 3000*5%=150 yuan. Different bases and different proportions have a great impact on your rights, so you should make sure you know before you join the job.
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