Research On The Legal System Of Labor Contract Trial Period

The probation period of labor contract is of great significance to both parties of labor contract.With the help of the probation period of the labor contract,workers can understand and investigate the job requirements,atmosphere,salary and other conditions of the job,judge whether the job is suitable for them through the assessment results,and then decide whether to stay in the employer.The employing unit can inspect the professional performance and work achievements of the workers with the help of the probation period of the labor contract,judge whether the workers are qualified through the examination results,and then select the staff needed by the unit.China's labor contract law has improved the provisions on the probation period of labor contract,but there are still some loopholes and deficiencies.Employers may abuse the probation period of labor contract by taking advantage of their own management,which will have an adverse impact on workers.Through the study of the legal provisions on the probation period,this paper makes an in-depth analysis of the problems existing in law and practice,reasonably absorbs and draws lessons from foreign legislative experience in combination with the actual situation of our country,and puts forward some suggestions on improving the legal system of the probation period of labor contract.This paper is divided into four chapters.The first chapter analyzes the specific connotation of probation period through the understanding of different scholars in academic circles on the specific connotation of probation period of labor contract and the provisions of relevant laws;Expound and analyze the different views on the nature of the probation period of labor contract;Analyze the characteristics and functions of the probation period of labor contract.The second chapter analyzes the current legislative situation in terms of term,applicable object and salary,and understands the specific provisions of China's labor law and labor contract law on the legal system of probation period of labor contract.The third chapter analyzes in detail the defects and deficiencies of the legal system of labor contract probation in the labor contract law through the problems existing in the number of probation periods,employment conditions,workers' treatment and competition with the medical period.Aiming at the problems existing in the third chapter,the fourth chapter puts forward some suggestions,such as the conditions for appropriately extending the probation period of labor contract,the standard of employment conditions should be legalized,and increasing the provisions on the suspension of probation period of labor contract.