Legal System Of Probationary Period Of Labor Contract

The probationary period,as a special period or stage in labor relationships,whose intention of establishment and actual significance is to provide a love period for mutual inspection and selection between the employers and employees,whether to formally establish relationship or not is the result of a two-way choice.As the characteristic and proprietary system in labor contract system,the establishment of the probation period can not only balances the relationships between employers and employees,but also affects the stable operation of social economy. In practice, however, due to the defects of the law itself, and the complexity brought by arbitrary behavior, the probation period turns into a tort period,during which interests of workers is difficult to get effective guaranteed. According to the summary and analysis about the regulation of probation system abroad,we sum up some experience.For example,the length of the probationary period is set more multicultural. At the same time,relevant restrictive provisions shall be applied to the probationary period.The lifting condition with concrete operation standard should be put forward.Then the selection function of the probation period may work totally.Probationary period of our country has big differences with abroad in the legislation principle, the implementation process, the guarantee mechanism and so on because of starting late.Although probationary system itself has its advanced nature, but the "labor contract law"enacted by China’s national conditions lacks of integrity and systematic, which makes it hard to guarantee interests of workers, it’s still difficult to achieve the aim of the legislation. We can improve it from the following aspects.First,give firm more autonomy on the recruitment requirements,which includes health, work ability, character, loyalty, team spirit. Second,although the terms of the probationary period is arbitrary, only within the scope of legal terms can make the contract effective. The probationary period form, the number, the rights and obligations must conformed to the requirements of the law. At the same time, the length should consider the nature of the job.Conditions without setting probationary period should also apply the above rules. Again, the salary of laborer during probation, the rights and obligations should be more clearly defined. Finally, reduce burden of proof, and explain words like "big" and "severe".We’d better set special chapter to avoid unreasonable situation.