Analysis And Application Of Legislation Rule Of Our Country Labor Contract Probation

The labor contract probation period is the Employer and the worker to understand mutually, the choice agrees in a work relations'special stage, sets up the labor contract probation period is modern world various countries universal makes the law in the labor legislation, on the one hand may maintain Employer's benefit, inspects the worker for the Employer whether with to hire the request consistent time, avoids the Employer suffering the nonessential loss, on the other hand, may maintain recruits staffs benefit newly, enables the staff who hires to have the time to inspect the understanding Employer's work content, the work condition, the payment for labor and so on whether to conform to the labor contract stipulation.This article in first analyzed the probation period implication in a part, then had affirmed the probation period system building's significance, the labor contract probation period to further adjusts the work to relate the litigant both sides rights and obligations, helps the Employer to strive for outstanding worker's joined by the lowest cost risk, promotes worker's risk awareness and the competitive spirit, improves worker's overall quality and enterprise's synthesis competitive ability finally, has the extremely vital significance. Then has discriminated the probation period and the probation period, the apprentice time, the practice session and the agreement time and so on other similar deadline difference, emphasized the worker when signs the labor contract with the Employer, if has carried on the agreement to the above some deadline, should be clear about in this deadline the contract litigant both sides right duty, avoids the Employer formulating at will ignorantly using the worker to the above deadline content violates worker's rights and interests, the worker is actually unknown provide reliefs without knowing where to begin.Then in this article second part of detailed explanation probation period worker's related right, first in signs the labor contract before the Employer should enjoy the right to know.The worker only then understood in detail after related working condition, can unify own condition to make earnestly most suits own choice. Next, worker in probationary period enjoys the complete right to work, cannot because of be in has performed through the inspection probation period to eliminate or the limit, with other official staff differential treatment. The worker enjoys including obtains the rest leave the right, to have the professional manager and the education right, obtains the labor safety health protection the right, also the Employer must provide the essential labor protection measure for the worker; Also includes legally through the staff conference, forms and so on workers' congress, the participation democratic management, carries on to this unit's production operation supervisory work supervises and proposes the suggestion right; Certainly also has obtains the payment for labor the right, cannot be lower than the legal rule the standard. What special emphasis is the worker from signs when the labor contract with the Employer, should enjoy the corresponding social security power. The Employer should comply with legal strictly the stipulation, regardless of whether to agree the probation period provision with the worker, so long as with it establishment work relations, should on time the full amount for its payment corresponding social security.The author in the third part analyzed the Employer to exercise the labor contract in the probation period to relieve the power the permission condition, the Employer only will be from now on more than in the probation period the probation period one situation to be possible to exercise the labor contract to relieve the power, namely worker in probationary period was proven that did not tally hires the condition. After test expiration, the Employer cannot the probationary period worker not tally again hires the condition, but terminates the labor contract with it. The quality condition which hires the condition is the Employer acts according to own situation to stipulate advertises for the worker who should tally. Hires the condition to divide into the natural condition and the social conditions two aspects. Hires the condition to determine voluntarily for the Employer interior that does not need to undergo and worker's consultation, therefore, hired the condition to manifest the Employer to need worker's request fully. Formulates effectively reasonably hires the condition, guaranteed Employer recruitment the staff satisfies at the same time which the post needs, will not have any legal risk, should be each Employer seeks the stable considerable development to meet the requirements. Will hire the condition to formulate later in provides the corresponding inspection mechanism, can the fair weight worker whether to conform to the Employer to hire the condition, will prevent the Employer in the probation period because "will not conform to will hire the condition" the reason to relieve at will with worker's contract, will harm worker's rights and interests. If the Employer exercises the understanding except the power, but must to the worker explain that the reason and undertakes the onus probandi, and provides terminates the labor contract the written proof, and must handle the file and the social security relations shift procedure in 15 days for the worker. The worker terminates the labor contract in the probation period, only if the Employer and the worker have carried on the period of service agreement and compete industry forbid to agree, otherwise the worker will not undertake any penalty payment responsibility. The Employer the employment advertise expense which and the training expense pays in the probation period, belongs has the risk investment, should undertake its risk voluntarily for the Employer.The author enumerated several kinds in the fourth part to violate the probation period system to agree the probation period the situation. The probation period contains in the labor contract deadline. When the Employer and worker both sides agrees the probation period, the probation period should take the labor contract deadline a part, is by no means the independence outside the labor contract deadline. The illegal agreement probation period including the verbal contract probation period, the agreement probation period surpasses legal the stipulation, not to sign the labor contract, but only agrees the probation period, the identical Employer and the worker agrees the probation period above two times, or in the law stipulated that could not agree the probation period in the contract to agree the probation period. The Employer illegal agreement probation period, must undertake the illegal agreement probation period legal consequences. Orders the correction by the work Administrative department; The illegal agreement's probation period already fulfilled, tests the expired monthly salary by the Employer take the worker as the standard, according to already fulfilled surpasses the legal probation period period to the worker pays the indemnity。In the article last part, did the author the probation period change and interrupt, whether as well as the Employer to the probation period system in agrees the probation period with the worker in the question to carry on the analysis once more. The probation period reduction may cause the worker to enter the post officially ahead of time, is greatly advantageous to the worker, if therefore work both sides meet one's satisfaction the reduction probation period, should recognize effectively. The probation period agreement is the result which labor both sides meet one's satisfaction, if both sides express the agreement, may lengthen the probation period the deadline. But some time, the worker already achieved the Employer to hire the condition, but Employer to little pay for the worker the wages lengthens the probation period for no reason. In order to prevent the Employer to lengthen the probation period to harm worker's rights and interests at will, the extension probation period should satisfy the corresponding condition. Moreover, "Work Law of contract" to prevent the Employer incurs with the worker when with it to agree the probation period many times, harms the worker right, the special regulation identical Employer and the identical worker only could agree a probation period. The author thought that this stipulation is too absolute, had not considered after the worker leaves job, is incurred once more situation which uses. Regarding certain leaving job staff, if is hired again by the unit, because the Employer or worker possibly have had the big change:The Employer possibly develops rapidly, the scale expands, the post increases; The worker possibly studied and has mastered other skills. The author suggested that after "Work Law of contract" the 19th second section adds on "the proviso", namely ", but the operating post changes, bilateral voluntary agreement probation period exception.'The probation period regarding labor both sides is "the double-edged sword", is suitable legally, what brings is the benefit; Abuses illegally, what encounters is the risk. The correct understanding and the execution labor contract probation period system, the commuter unit hires the most outstanding talented person by the lowest risk, makes the worker to strengthen the risk awareness and the competitive spirit has the important theory significance and the practice value.