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Probation does not sign labor contract to whether break the law
From;    Author:Stand originally
After labor contract law is carried out, unit of a lot of choose and employ persons and laborer do not understand the relevant provision of probation. Yesterday, the citizen small Zhao that just works sought advice to concern an issue to the reporter. He asks " the company set probation to us, but about the concerned regulation of probation I understand not quite, want to ask: Probation can sign how long, include be inside contract period? Inside probation if do not sign a contract reasonable? Still have, the salary of probation if under minimum wage standard, how should we do? How should we do??

Explanation of afterwards of Guo of deputy section chief of Yantai town work and division of wages of labor of social security bureau says " labor salary standard is such regulations: Labor contract time is full 3 months above, resent one year, probation must not exceed a month; Labor adds up to what one year with deadline above resents 3 years, probation must not exceed 2 months; 3 years above solid is restricted regularly and decide the labor contract of deadline without solid, probation must not exceed 6 months. That is to say, no matter you add up to the corresponding period to be restricted to have how long, probation is the longest do not exceed 6 months. Probation is the longest do not exceed 6 months..

Sign a problem about adding up to what the contract works inside the corresponding period, guo afterwards answer says, probation is included inside contract deadline, labor contract agrees only of probation, probation does not hold water, this deadline is labor contract deadline. "Begin to built labor to concern since the first day when use worker worker, labor contract law sets: I vacate to the enterprise time of a month, if the business inside a month followed a worker to sign a contract, so it is lawful, if exceed a month,you still do not follow a worker to sign the word of the contract, so the enterprise is formed break the law. So the enterprise is formed break the law..

Guoji says, laborer is not gotten in the salary of probation under this unit salary of archives of same post lowest or labor contract agree 80% of salary, do not get the minimum wage level under seat of unit of choose and employ persons. "If salary the word under standard of local minimum wage, so your unit breaks the law namely, laborer is OK to labor censorial department vivid work arbitrates the branch offers application, we can be handled lawfully. Skimpy share, the enterprise must want to fill to him lawfully neat. The enterprise must want to fill to him lawfully neat..


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