According to the law: "The probation period is included in the term of the labor contract. If the labor contract only stipulates the probation period, the probation period is not established, and this period is the term of the labor contract. " In other words, the probation period is not a statutory clause in the labor contract, and it can be agreed or not. If the probation period is agreed, it can only be agreed in the labor contract, and it is not allowed to sign the probation period contract without signing the labor contract. The "trial contract" so signed is invalid. However, the invalidity of the "probation contract" does not lead to the invalidation of the protection of workers in the Labor Law.

The labor arbitration procedure is as follows:

1. Fill in the arbitration application. However, it is necessary to apply for arbitration after the dispute occurs and submit an arbitration complaint, which is invalid after the time limit;

2. The award shall be made by the Arbitration Commission. The Arbitration Commission shall, within five days from the date of receiving the complaint, make a decision on whether or not to accept it;

When a decision is made, the parties concerned will be informed whether they agree or not. If it agrees to accept the case, the arbitration tribunal will notify it in writing five days before the hearing;

4. Hold a trial. The parties explicitly request and reply that the relevant staff investigate the facts, and both parties can provide evidence for cross-examination, debate and statement;

5. Mediation. The personnel of the arbitration tribunal shall mediate between the parties to the accepted case;

6. If mediation fails, the parties' responsibilities will be decided according to the relevant cases.

To sum up, professionals can be invited to provide remote guidance services instead of local lawyers to write labor arbitration applications, evidence lists and other legal documents. If the rules and regulations of the employing unit directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give a warning; If it causes damage to workers, it shall be liable for compensation. Where an employing unit violates the provisions of this Law and fails to conclude an open-ended labor contract with its employees, it shall pay the employees twice the monthly salary from the date when the open-ended labor contract should be concluded.

Legal basis:

Article 20 of People's Republic of China (PRC) Labor Contract Law

Wages during probation The wages of workers during probation shall not be less than 80% of the minimum wage of the same position in the unit or the wage agreed in the labor contract, and shall not be less than the minimum wage standard where the employer is located.