How to ensure the work benefits during the probationary period?

2023-05-26

Many people have to go through a probationary period before entering the workplace. During the probationary period, the employer can assess whether the employee is qualified, and the employee can also have a more comprehensive understanding of the employer. However, many people question whether the probationary period can be as short as one month or as long as six months, and how long is reasonable? Also, does the probationary period mean that the salary will be much lower than that of regular employees and they will not be protected by labor laws? The person in charge of relevant departments and bureaus of the Ministry of Human Resources and Social Security introduced that there are clear regulations in Chinese law on the duration of probationary periods. According to the Labor Contract Law, if 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 one year or more but less than three years, the probationary period shall not exceed two months; For labor contracts with a fixed term of three years or more and without a fixed term, the probationary period shall not exceed six months. The same employer and the same worker can only agree on one probationary period. If a labor contract with a deadline of completing a certain work task or if the term of the labor contract is less than three months, a probationary period shall not be stipulated. In addition, the salary during the probationary period cannot be arbitrarily determined. The implementation regulations of the Labor Contract Law stipulate that the salary of employees during the probationary period shall not be lower than 80% of the minimum wage for the same position in their own unit, or shall not be lower than 80% of the agreed salary in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located. The person in charge of the relevant department of the Ministry of Human Resources and Social Security reminds that the employer shall establish a labor relationship with the employee from the date of employment, and a written labor contract shall be signed to establish the labor relationship. The probationary period is included within the term of the labor contract. During the probationary period, the employer shall not illegally terminate the labor contract. Recently, the Ministry of Human Resources and Social Security is implementing an action to protect employment rights, promptly investigating and punishing behaviors such as abusing probationary periods, not signing labor contracts and paying wages in accordance with the law. The person in charge of the relevant departments and bureaus of the Ministry of Human Resources and Social Security stated that when workers encounter violations of their legitimate rights and interests during the probationary period, such as not signing a labor contract in accordance with the law, not participating in insurance, or setting up an extended probationary period, they can file a complaint with the human resources and social security department, apply for labor dispute arbitration in accordance with the law, or file a lawsuit with the People's Court of the People's Republic of China. (New News Agency)

Edit:Zhou Shu    Responsible editor:Wang Chen

Source:People.cn

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