Limit the minimum period of a fixed-term labor contract in which the probation period can be agreed, and refine the probation period according to the length of the labor contract on the basis that the longest probation period stipulated in the labor law shall not exceed six months. The specific provisions are:
If the term of a labor contract is more than three months, a probation period may be agreed upon. In other words, the minimum starting point of the probation period stipulated in the fixed-term labor contract is three months.
If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of fixed-term and non-fixed-term labor contracts of more than three years shall not exceed six months. This is a concrete measure of the Labor Contract Law, which stipulates that the probation period is six months in any case.
It should be noted that the term of the labor contract is not the only reference for the agreed probation period.
In practice, many jobs do not need a long probation period, and workers are competent. The stevedores, coolies on the construction site and mechanics have no technical content. Three days will do.
However, some employers often stipulate that the probation period is three to five months, or even half a year, and maliciously use the upper limit of the legal probation period, which aggravates the inequality of labor relations and increases the occupational uncertainty and economic burden of workers.
This reminds both parties to the labor contract, especially the workers, to take the technical content into account when agreeing on the probation period. For employers, if they still can't judge whether the workers are competent within a reasonable time, they should bear the risks.
Legal basis: Article 50 of the Labor Law of People's Republic of China (PRC) shall be paid to the laborer himself on a monthly basis in the form of currency. The wages of workers shall not be deducted or delayed without reason.
Article 20 of the Labor Contract Law of People's Republic of China (PRC) * * * The wage of a worker during the probation period shall not be lower 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 lower than the minimum wage standard where the employer is located.