On The Problems And Countermeasures In The Labor Relations Probation System

In the context of the rule of law, the legal consciousness of people had gradually increased, the signing of the labor contract is widespread concerned of laborers, the probation period is in the labor contract of righteousness. The probation period is unit of choose and employ persons and laborer labor relations both sides of the probationary period,as a result of working relationship both sides information co., LTD.Probation period have desirability, dependency, restrictive labor relations,legal characteristics. At present our country "labor law" 、 "labor contract law" and other laws and regulations have provisions on probation system related content, but on the one hand, some problems have not been for regulation, on the other hand, although the legislation has provisions for some problem, but the situation is not considered comprehensive thus has brought some new legal problems. At the system level, form the system is not clear which law does not specify whether the oral form prescribed a probation period in oral form, and how to confirm the effectiveness of the probation period, the longest time limit is only based on labor contract deadline is too single, lack of medical treatment and the rules of the competition. At the same time, in the actual application of the system, the laborer for probation period of bargaining power is low, labor have difficulties in obtaining allowance when they worked overtime because of lacking proof to prove their statements and system adaptability is not high. We can search solutions from the legal level and practical level, such as defining a probationperiod allows oral form, enriching the design principle of the probation period, according to different industries, the position to decide to probation period; increaseing the probation period and competition rules,the medical treatment period when a probation period with the concurrence of medical treatment, to allow a probation period suspend or breakthrough the limitation of may stipulate only one probation period; strengthening the demonstrative obligation of unit of choose and employ persons, strengthening the role of trade unions in labor dispute processing; improving the adaptability of probation system to solve these problems, to make our country’s labor relationship probation system corresponds with The Times, to build and develop harmonious and stable labor relations.