Research On Protecting The Rights Of Trial Period Employee

Our Constitution provides that all citizens have equal access to labor rights, are born equal, where the citizens, regardless of formal or informal workers trade union. The legislative intent of labor law is to protect the legitimate rights and interests of workers, here workers also includes the formal workers and informal workers. In the "Labor Law" and "Labour Contract Law," there are clear provisions protecting the rights of informal workers. Therefore, we can conclude that the in the probationary period, the enterprise workers as informal workers, should enjoy equal rights with the formal workers, and legislation and enforcement should be strict to protect the rights.Workers'rights in probationary period include the equal employment, equal pay, rest and vacation rights, equal access to social insurance and welfare, vocational skills training, to draw such labor dispute. Although the "Labor Contract Law" has been put into use, also the relevant provisions to protect the rights of probationary employees of the enterprise, but the employer's violations are still widespread. Violations include verbal agreement in probationary period, the probation period which is longer than the time span regulated by law, only signing the contract of probation period, the treatment during the trial period is too low and unreasonable working hours.Trial Workers rights having been infringed, is a social problem that can not be ignored. It will cause tension in labor relations and affect social stability. If workers as members of each family, at work, rights are not duly protected, it will affect income, quality of life, also affects the stability and unity between members of society. The purpose of labor legislation should be to protect the weak, uphold fairness and justice, business side of production and possession of the substance of the initiative in the labor market. Workers are no doubt the weak side. Compared to formal workers, probation workers more likely to be infringed the right, therefore, probation staff is weak. In legislation, the tendency to protect the trial period the spirit of enterprise employees is in line with the law and legal principles.The reason of a large number of violations is the imperfect legislation. First, the "Labor Contract Law" provides for a trial period, but did not take into account the special circumstances of different types of work. In the "Labor Contract Law", for the engineers and the like as high-tech talent, the probation period is not more than 6 months, but this type of work and the technical content is not too high, do not need half a year of probation and trial practice, significantly lower wages. After the regularization, the nature of these services are already low wage work, six months probation period is obviously not conducive to the working party. The total number of these workers labor in China occupies a large proportion and their rights can not be ignored; Secondly, the "Labor Contract Law" stipulates that wages of probationary period is no less than eighty percent of wages agreed upon. But in practice many industries put performance bonuses as an important component of income and the employer only give the trial of eighty percent of the basic wage with no other income. So the end result is far below the wages of workers in the trial period, in essence, contrary to the principle of equal pay; Finally, the "Labor Contract Law" stipulates that if the employer does not meet the employment conditions by law in the probation period, workers may terminate the labor contract. But the labor law does not make any provision for the conditions of employment which is a great lack of legislation. As a result, the employer may lead to the practice of any provisions of the conditions of employment, casual labor contracts. And short-term employment is widespread.Therefore, we must improve on the law for the legislative protection of enterprise workers. First of all the idea that formal workers and workers of probation are equal should be erected for protection of trade union legislation guiding the constitutional right of equal access to work and implement the provisions of labor legislation. "Labor Law" as the protection of workers of the Basic Law, for the trial period is only protecting the rights of enterprise employees is only one, is totally inadequate to protect the rights of probationary employees of the company, should be amended to "Labor Law", the trial should have the right to enterprise workers and how to make detailed provisions to protect their rights, a clear and formal probation staff workers enjoy the same right to work. In addition, the "Labor Contract Law" on the trial period, wages, working conditions, termination of the contract terms has obvious shortcomings which are needed to be revised and improved.Protecting the rights of trial period employees is the vital interests of the whole issue of social workers. It related to the social stability and economic development. All workers are paid according to workload with full respect for the social rights. And low-income groups live and work harmoniously, and this is the spirit of the law.