Probationary Period Of A Labor Contract Rules

Accordance with the "Labor Contract Law," in labor relations labor contract signed by both parties, including the necessary provisions and contract terms, which terms include non-competition agreement, service and so on. In this one, the probation period as a unique system of rules, especially rules. The trial of labor contracts of both parties is the establishment of labor relations in accordance with the law, on a voluntary equality, consensus, the labor contract on the basis of a special agreement within the time limit for the duration of the parties examine each other. Although the terms of a labor contract, but in real life has an important significance. With the rapid economic development, employers frequently abused on a trial basis, such as extending the period of probation, agreed to more than one probation period, probation workers depress wages, after the close of the trial and so terminate the labor contract practices, serious the infringement of labor rights of workers and the right to obtain payment for labor law and other legitimate rights and interests, this is serious violation of labor laws and regulations and fair labor law violated the law beneficial.To this end, in order to put an end to this unfair phenomenon, "Labor Contract Law" in the "Labor Law", based on the provisions of the probation requirements were more detailed and comprehensive of all labor laws and regulations of today we are not ugly the trial period is built on the basis of the labor contract, he is not a separate part of the, if not the existence of labor contracts, would not exist probation, the probation period is among the labor contract. Also, probation is different from the apprenticeship probationary period, the probation period is based on legality, equality, voluntary, consensus, good faith basis.This total is divided into three chapters.The first chapter is the theory of probation conditions described. Although the current "Labor Contract Law" and "Labour Contract Law" provides for the rules of probation, but not a complete maintenance of the protection of the legitimate interests of the trial system works, academic understanding of the trial period there are also differences in the use of the concept of also more confusion. Therefore, this article from the trial as a logical starting point of the legislative purpose, defined the concept and nature of the trial period. This paper argues that the trial period to establish the rules of the law to give special protection of workers belonging to a group of mentally handicapped tilt of social legislation, the pursuit of the real meaning of equality. As the labor contract provisions, the probation period the employer and after the labor relationship with mutual understanding, choice, agreed the study period not exceeding six months.Nature are "reserved the right to dismiss."The second chapter analyzes the trial of the existing rules, and rules for the content of comments. "Labor Contract Law" on the "Labor Law" and applicable probation period have been improved on. This chapter of the existing legislation in order, are from the period of probation, the probation period salary, probation lifted, the illegally stipulated probation period of four aspects of the liability analysis, trying to build a complete trial system of rules. Detailed interpretation of existing legislation, it is also the shortcomings of the legislation put forward their own proposals. The author believes that the law has strict probation period to define its purpose is to avoid the use of employer apprenticeship, apprenticeship and other violations of probation in lieu of legitimate rights and interests of workers. The length of the trial period and is based on duration of labor contracts to determine, in respect for the autonomy of labor relations on the basis of the two sides to develop a reasonable trial period, employers are not allowed to violate any of the relevant provisions of the trial. During the probation period, the probation period shall not be less than the wages of the same units as the most low wage jobs or the labor contract of eighty percent of wages, but also the location of the employer shall not be less than the minimum wage.Labor relations during the trial period, the worker simply informs the employer three days in advance, but only appeared in the legal case worker, the employer can comply with strict labor relations proceedings. Meanwhile, the illegally stipulated probation period the employer must bear the corresponding legal responsibility. The third chapter is a specific application of the rules of probation.In improving the probation rules, we can easily find the trial period, labor relations between the two sides would also produce other laws, in this case, not only to the probationary period for a clear understanding, but also need to occur in other legal relations during the trial period has a clear identification.This chapter first trial and the trial of medical and service should be how to deal with competing produced a detailed exposition. Second, that the probation period the employer shall pay social insurance, the final analysis may not agree with the part-time employment because the trial period.