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Is it legal for a trial worker not to get paid?
I. Rights and interests of workers during the probation period
Trial work, as a way for employers to examine the ability of workers, aims to better understand the ability and adaptability of workers. However, this does not mean that workers lose their due rights and interests during the probation period. According to the Labor Law of People's Republic of China (PRC), workers still enjoy the same rights and interests as regular employees during the probation period, including wages.
Second, the harm of not giving probation workers wages.
The practice of not paying wages for judicial work has seriously violated the legitimate rights and interests of workers. This not only affects the quality of life of workers, but also dampens their enthusiasm for work. In addition, this practice may also lead to a series of social problems, such as disputes between workers and employers, and the decline of workers' trust in employers.
Three, the employer shall abide by the law.
Employers should strictly abide by national laws and regulations and respect the legitimate rights and interests of workers in the recruitment process. During the probation period, the employer shall give the laborer corresponding wages and give a reasonable evaluation according to his performance. At the same time, employers should also strengthen internal management, improve the recruitment process, and avoid illegal activities such as unpaid trial work.
Fourth, workers should safeguard their rights and interests.
Workers should know their rights and obligations during the probation period and dare to safeguard their legitimate rights and interests. In case of illegal acts such as unpaid probation workers, workers can complain and report to relevant departments to safeguard their legitimate rights and interests.
To sum up:
It is illegal to try to work without paying wages, and the employer should abide by the law and pay the workers accordingly. Workers should also know their rights and obligations and dare to safeguard their legitimate rights and interests. Both sides should work together to build a harmonious and stable labor relationship.
Legal basis:
Labor law of the people's Republic of China
Article 50 provides that:
Wages should be paid to the workers themselves on a monthly basis in the form of money. The wages of workers shall not be deducted or delayed without reason.
Labor Contract Law
Article 19 stipulates:
The probation period is included in 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.
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