What probation pits have you seen?

The probation period can be called a large-scale trampling scene, so can I, so it is really necessary for us to know more about the labor law to protect ourselves during the probation period. Never be a good rabbit, it is a wise choice to safeguard your own interests.

Presumably, every migrant worker has experienced a probation period, which not only allows us to accumulate work experience, but also allows us to adapt to the working environment quickly, which can be described as a lot of benefits. But not all enterprises can treat us equally. If we are not careful, those pits in the probation period will do us some harm.

I remember helping me get a job when I graduated, which really made me angry. The reason is this. The company I went to was very big, with good staffing and hardware facilities. But when I went, the probation period was actually six months. At that time, I was really a small apple in the workplace, and it was not easy to find a job. So I crustily skin of head and did it. For nearly half a year, I am overwhelmed and exhausted every day.

Later, the final result was that he was fired as soon as he became a full member. Said that my business ability is not strong and I am not qualified for this job. I have ten thousand grass mud horses flying by. You said my business ability was not strong, so why did I go early? The probation period is almost over and I have to say it! But because I was heartless and didn't know how to fight for myself, I left the company very unhappy.

Therefore, friends who are still on probation must understand the relevant provisions of the labor law on probation.

The Labor Contract Law stipulates: "If the term of the labor contract is less than 3 months 1 year, the probation period shall not exceed 1 month; If the term of the labor contract is more than 1 year but less than 3 years, the probation period shall not exceed 2 months; The probation period of a labor contract with a fixed term of more than three years and a non-fixed term shall not exceed six months. " If the probation period of a labor contract exceeds the time limit prescribed by law, the laborer may request to change the corresponding labor contract period, or may request the employing unit to pay the excess salary according to the non-probation wage standard. In addition, according to Article 83 of the Labor Contract Law, workers also have the right to ask the employer to pay compensation.

Some employers believe that since it is a probation period, the employer can terminate the labor contract unconditionally and arbitrarily during the probation period, and many employees take it for granted. But in fact, this idea is wrong, and it can even be said that it hurts one's own interests.

During the probation period, the employing enterprise shall not terminate the labor relationship with its employees at will. According to Article 2 1 of the Labor Contract Law, during the probation period, the employer can only dissolve the probationary employee according to law if it proves that the employee does not meet the employment conditions, is seriously in violation of discipline and neglects his duty, and the labor contract is invalid. Otherwise, the employer may not dissolve the labor contract.

If the employer terminates the labor contract during the probation period, it shall also explain the reasons to the employee. If the employer can't prove that the employee "does not meet the employment conditions" and terminates the labor contract at will, it is illegal to terminate the labor contract, and the employee has the right to ask the employer to pay compensation according to law.

Then I went to another company, and I was overbearing as soon as I came up. The contract signed during the probation period is different from the labor contract. To put it simply, the employer should sign a probation contract for half a year with me, and then sign an employment contract after it is formal. You think I'm stupid? I learned a painful lesson and am still doing it. Don't hesitate to leave when you hear that you don't formally sign an employment contract during the probation period.

As long as the other party sees that you have lowered your standards, don't think about the subsequent treatment. So what is the relevant legal common sense here?

According to Article 19 of the Labor Contract Law: "The probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. " In other words, the probation period is attached to and based on the labor contract. Without a labor contract, there would be no probation clause and no separate "probation contract".

Then do you think that during the probation period, the employment enterprise has no other tricks? Then you are all wet. Enterprises that do not pay social insurance premiums for probationary employees are also openly hurting our interests.

In order to reduce the cost of employment, some employers refuse to apply for social insurance for workers on the grounds that the probation period is not included in the labor contract period or the probation period expires. Workers often don't understand and dare not raise objections.

According to the Labor Contract Law and Social Insurance Law, labor relations are established from the date of employment. During the probation period, the employer and the employee are also labor relations, and they cannot be restricted or treated differently from other employees because of their probation status. At the same time, social insurance is a compulsory insurance system implemented by the state. No matter whether the employer and the employee privately agree to exempt from paying social insurance premiums or replace social insurance with commercial insurance, it is invalid.

When entering the workplace for the first time, the probation period is the inspection period before the laborer officially starts working, and it is also the "starting line" for starting his career. But you can't lose yourself because of such a starting line. We should not let ourselves fall into more pits because of the urgency of finding a job, because these pits will not only damage our funds, but also make our self-confidence negative.

So you must know more about the labor law during the probation period, so that when the employer violates the law and damages the interests, you will know how to protect yourself.