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On The Protection Of Laborers' Rights And Interests In The Trial Period

Posted on:2015-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y ShenFull Text:PDF
GTID:2176330431469643Subject:Law
Abstract/Summary:PDF Full Text Request
Probationary period is the employer of the moral contract to recruit new employees, labor attitude, work ability, physical condition, etc. Further investigation period of time. Probation period is to investigate whether a worker is hired, the first part of the implementation of the labor contract, constitute an important part of the labor contract. On issues related to the trial period were reasonable and lawful regulations, not only for the protection of both employers and workers legitimate interests can play a positive role in safeguarding, but also the rapid development of the national economy, a stable and harmonious society has important and far-reaching meaning. However, with the rapid development of China’s socialist market economy, there are some flaws and defects due to the provisions of the labor laws and regulations in their own social practice, coupled with the relevant departments of lax supervision, poor management, and overall employment in recent years situation is tight, making the chance of employment practice, particularly between employers and employees in the employer’s dominance, often through their labor contract terms unilaterally proposed use to circumvent the terms of probation unilaterally terminate labor contracts, extension of the trial period, agreed more than liability of a probationary period, probation workers depress wages at the end of the trial period to terminate the labor contracts and other illegal conditions. Trial period has also become the largest employer violations of labor rights trap of the labor contract in the process. Thus, according to the labor laws of the spirit of the legislation itself, combined with a variety of situations that arose in practice, for the protection of workers’ rights to a trial period of issue further detailed study, and thus make it more perfect, it is extremely necessary and important. This paper is divided into three parts: The first part mainly describes what workers the right to a trial period. The second part describes the rights of workers are being violated probation period performance, also explained the reasons have been violated. The third part describes the proposed protection of workers’ rights in the aforementioned trial period based on a number of countermeasures.
Keywords/Search Tags:Labor contract, the probation period, workers’ rights, the burden of proof
PDF Full Text Request
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