Legal Issues Of Probationary Peirod Of Labor Contract

The trial period of the labor contract is a very important system of Labor Law, theLabor Law of many countries have provided it. The probation system of Labor Lawof our country is mainly provided in the explanation of Labor Law and LaborContract. The Labor Contract Law and the interpretation of the laws and regulationsof the duration of the trial period, the agreed number of wages, lift the conditions,provisions trial standards and responsibility, but still inadequacies, such as theduration of the trial period, the number of times, as well as to determine the standardis unreasonable, the trial period of the scope is not clear, the trial period wage is notclear, the imprecise trial period of the employer right. This paper in order to study thetrial period of the Labor Contract system abroad, especially in Russia, France,Germany and other countries, drawing the experience in legislation, analyzing thepresent situation of China’s legislation, and put forward feasible suggestions toconstantly improve our probation system of Labor Law, safeguard the legitimaterights and interests of workers as well as employers, thus realize the purpose of theprobation system.This paper contains four parts.The first part,defination of the trial period of the LaborContract. This part analyzes the concept of the trial period of the Labor Contract,pointing out integrity features of the trial period of the Labor Contract system fromthe properties,consensual, and rights, and give a distinction between the concept aswell as deeply analyzes the feature of the trial period of the labor contract.The second part,the extraterritorial Labor Contract Law of the trial period andevaluation. This part describes the relevant provisions of the Labor Contract trialperiod of the developed and developing countries, summing up the generalcharacteristics of the trial period of the Labor Contract system.The third part,trial period of Labor Contract Law, and problems of China. China’sLabor Contract probation system embodied in the labor law, Labor Contract Law andrelated legal interpretations, although relatively perfect, there is still inadequate.The fourth part,the legislative proposals to improve the trial period system of LaborContract of China. This part points out the principle should follow that principle toprotect the legal right of workers and the main interests of the principle of equality.Specific perfect measures contains: reasonable frequency duration of the trial period,limitation of the scope of the trial period, clear wage in the trial period, andimprovement of labor relations lift of the trial period.