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Unpaid training period before probation period
1. There is no concept of training period in Chinese law. If the so-called training period is stipulated in the labor contract, it shall be deemed that the labor contract relationship has been established. If the training period is out of the scope of the labor contract period, it is deemed that the actual labor contract relationship has been established (provided that you have come to work on time like the general employees of the company, and there is evidence to prove it in advance, such as time cards and salary slips).

The term "trade usage" is not accurate. More formal French should be "trade practice" or "trade practice". The court's determination of the validity of the contract is based on the legal principle of "agreement follows agreement, no agreement follows statutory, no agreement is fixed, and trading practice follows". The legal basis is Article 6 1 of the Contract Law. First of all, in the legal relationship of contract, autonomy of will is the highest priority principle. When the expression of will is unclear, the direct provisions of the law should be invoked. If there is no direct provision, it shall be determined by applying trading practices.

Personally, the biggest difficulty lies in the identification of stolen money. For example, a family of three, in which the father commits a crime, but the son has property that is obviously beyond the scope of his reasonable property, but the son argues that his property is given by his mother. It is very common that the acquisition of his mother's property cannot be fully investigated. It is not clear how the property between criminals and their relatives was obtained and whether it belongs to the scope of illicit money. This is not only the crime of duty embezzlement, but also other crimes in the process of recovering stolen money.