When recruiting personnel, it was said that there was no probation period, but there was a probation period in the contract. Which one shall prevail?

Personnel recruitment is subject to the probation period stipulated in the contract.

Probation period refers to the period during which the employer assesses whether the employees are qualified, and the employees also assess whether the employer meets their own requirements, which is a manifestation of mutual choice.

The "Labor Contract Law" has made targeted provisions on abuse and long probation period.

In the process of employment, it is common to abuse the probation period and infringe upon the rights and interests of workers, including what kind of jobs need to agree on the probation period, how long to agree on the probation period, and what to use as a reference to set the probation period, which is quite confusing in practice. The employer usually agrees on the probation period, regardless of the nature and duration of the work, and whether it is necessary to agree on the probation period, as long as it does not exceed the six months stipulated in the labor law and make full use of the upper limit stipulated by law. Some employers sign a one-year labor contract with employees, of which half a year is a probation period; Some employers with strong seasonal production and operation even combine the probation period with the term of the labor contract, which is generally longer. The probation period expires and the labor contract expires. Some workers often agree on a probation period more than once in the same employer, and agree on a probation period for another post.

(1) Limit the shortest term 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. Specific provisions:

If the term of a labor contract is more than three months, a probation period may be agreed upon. In other words, a fixed-term labor contract can stipulate that the minimum starting point of the probation period is three months.

If the term of the labor contract is more than three months but less than one year, the probation period shall not exceed one month; 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 a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months.