On Some Problems Of The Labor Law About Probation In China

As a special period of labor contract, the probation plays a very important role in adjusting the rights and duties between employers and employees. However, because of some flaws in legislations in China, as well as disputes caused by this problem in practice, understanding and practicing the regulation about the labor contract probation accurately, is not only the requirement of labor system reform, but also the requirement of labor system and our country's economic reform. Therefore, this article unifies some problems in laws and regulations as well as the practice, and then elaborates the definition, the problems of the probations of labor contract, following some suggestions of solving these problems.This article mainly elaborates related legal matters from following four chapters:First chapter analyzes the definition of labor contract probation, some situations violating the probation, and then discuss the difference between several close concepts-application time, the apprentice time, the practice time. As the upholstery of this article, the goal of this part lies in letting everybody understand the probation of labor contract, making the foundation for the following writing.The second chapter respectively introduces the legislation of probation in China, from the aspect of labor law, labor headquarter and labor contract law. Then, list related regulations of several countries, such as Russia, Vietnam, Petu, Bulgaria, Germany etc, and simply analyze, in order to make us understand the related legislation and the difference between China and foreign countries in this topic.The third part firstly enumerates kinds of phenomenon of employers in practice, then analyzes by cases. And then, the author proposes some strategies according to these phenomenons, in order to help the workers maintain own rights and interests.The forth part is the article's key point. Basing on the insufficiency of the legislation and practice of the probation in China, the author proposes some views and suggestions in the following 7 parts: consummating of the legislation of the labor contract probation period in China (mainly explain the standard of arranging labor contract probation, the longest time limit of probation and ect); enhancing the employee's law awareness to use law to protect their interests; formulating more detailed law to explicit the right and interests of employees in probation(mainly include the following aspects: the right of obtaining salaries, the right of enjoying social insurance, the right of labor protection, the right of relieving labor contract etc.);consummating the rules about relieves of labor contract(respectively formulate in 2 aspects: employer and employee); aggravating the responsibilities of employers when probation disputes happens to pursue real fairness; enhance the publicity of labor law and related regulations to make the employers and employees accurately grasp the spirit of the labor code, prevent the abuse of labor contract probation to ensure the legitimated rights and interest of employees. Strengthen supervision and management, increase compensation levels to improve the employees' ensusiasm of protecting their own labor rights. Thus, effectively curb the abuse of illegal behavior in labor contract probation.In comprehensive implementation labor contract system today, employees inevitably will meet the probation problems. Moreover, as the social and economics develops, the probation systems appear many new problems. Thus, the probation legislation system in China is a system needing consummation and development. The author's view may not play great role, but she aims to just fulfill a legal person's duty, initiate more wises' discussion to finally promote the consummation and development of the labor contract probation system in China.