What are the rules for employees to become full members during probation?

In practice, when recruiting new employees, enterprises generally agree on a probation period with new employees, and enterprises will assess employees during the probation period. If employees who pass the examination during the probation period will generally become regular employees of the enterprise, what are the rules for employees to become regular employees during the probation period? Let me answer for the reader.

1. What are the rules for employees to become full members during probation?

China's "Labor Contract Law" does not stipulate that workers will become full members after the probation period expires, but it does stipulate the probation period for workers. The enterprise and the employee agree that the probation period shall not exceed the prescribed period, and whether the employee can become a full member after the probation period expires shall be negotiated between the enterprise and the employee.

Article 19 of the Labor Contract Law of People's Republic of China (PRC) stipulates that 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. The same employer and the same worker can only agree on a probation period. A probation period may not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months. 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.

Article 20 The wages of workers 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 in the place where the employer is located.

Article 21 During the probation period, the employing unit may not terminate the labor contract except under the circumstances specified in Article 39 and Item 1 and Item 2 of Article 40 of this Law. If the employer terminates the labor contract during the probation period, it shall explain the reasons to the employee.

Second, what are the manifestations of abuse of probation?

Abuse of probation period and evasion of legal responsibility to employees by setting a longer probation period are serious problems in some enterprises in recent years. Because according to the current labor law, if the employee does not meet the employment conditions during the probation period, the employer can terminate the labor contract at any time without paying economic compensation.

Because during the probation period, employers will hold down employees' wages with dignity, some employers, especially small and medium-sized enterprises with strong seasonal production and operation, recruit a large number of employees in the peak season of production, stipulate a longer probation period, and terminate the labor contract the day before the end of the probation period. Combined with our long-term case-handling practice, at present, the illegal phenomena of the employer during the probation period mainly focus on the long probation period, the failure to pay social security during the probation period, and the employer's arbitrary termination of the contract during the probation period. In fact, these acts are obviously against the law.

Third, how to protect their legitimate rights and interests during the probation period?

1. A copy of the labor contract signed between the employer and the employee shall be given to the employee. Otherwise, in the event of a dispute, workers need to provide other evidence to prove their labor relationship with the employer, which increases the cost of safeguarding rights. At the same time, if the employer fails to hand over the labor contract to the laborer and causes losses to the laborer, it shall also make compensation.

2. The probation period shall comply with the law. Article 19 of the Labor Contract Law stipulates that if the term of a 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. If the probation period exceeds the prescribed time limit, it is invalid. If the probation period has actually been completed, "the employer shall pay compensation to the employee according to the monthly salary of the employee during the probation period."

3. The salary during the probation period shall not be lower than the legal standard. The wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or 80% of the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

4. The workers during the probation period also have the right to ask the employer to pay social insurance. In practice, many units refuse to pay social insurance for workers on the grounds that they are in the probation period, but wait until the workers become regular before starting to apply for social insurance. However, probation workers enjoy the same social insurance as probation workers and should not be treated differently. As long as employees are employed, employers should pay social insurance for them. Of course, due to the time lag in handling social insurance in practice, as long as the employer maliciously fails to register and pay social insurance for the employee, the employee should understand and have the right to urge the employer to handle social insurance for him in time.