On the 13th, the probationary period is one month, so how to calculate the probationary period?In this case, the probationary period ends on the 12th of the following month. However, most units do not calculate on a daily basis, and most of them will go through the formalities for regularization after the end of the probationary period in the following month, and then officially calculate wages according to the regular salary on the next payroll calculation start date. Here's a closer look at the trial period.
Calculation method:
The probationary period is generally not extendable. The probationary period shall be agreed upon within the term of the employment contract, and the duration of the probationary period shall be determined according to the term of the employment contract. The same employer and the same employee can only agree on a probationary period once. If the employer finds that the employee does not meet the employment requirements after the probationary period ends, it may terminate the employment contract, but it shall not stipulate a probationary period.
According to Article 21 of the Labor Law of the People's Republic of China, "a probationary period may be stipulated in a labor contract. The probationary period shall not exceed a maximum of six months. "During the probationary period, both parties have the right to terminate the employment contract at any time, and the manner and procedure for termination shall also be carried out in accordance with the law.
Whether the time for calculating the probationary period will be affected by issues such as holidays and leave?
According to the Labor Contract Law of the People's Republic of China, if an employee takes too much leave during the probationary period, the enterprise is unable to conduct a normal assessment and evaluation, the probationary period may be extended. However, the specific criteria may vary from employer to employer, so it is recommended that employees understand the rules and regulations of the employer and the provisions of the employment contract before taking leave during the probationary period to avoid unnecessary trouble.
In addition, holidays will not affect the calculation time of the probationary period, because the probationary period is a natural number of days, not working days, so holidays are also included.
According to the Labor Contract Law of the People's Republic of China, the salary of an employee during the probationary period shall not be lower than 80% of the minimum wage of the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard of the place where the employer is located. If the salary during the probationary period is lower than the minimum wage, the employer shall pay the difference and if it fails to pay within the time limit, the employer shall order the employer to pay additional compensation to the employee at the rate of between 50% and 100% of the amount payable.
In addition, if the employer and the employee agree on the salary for the probationary period in the employment contract, the salary for the probationary period shall be calculated according to the agreed salary standard for the probationary period. If the employment contract does not stipulate the salary during the probation period or the agreement is not clear, the minimum wage standard of the place where the employer is located shall be calculated.
The protection of the rights and interests of workers during the probationary period mainly includes the following aspects:
Labor remuneration: During the probationary period, the worker shall receive normal wages and remuneration, which shall not be lower than the local minimum wage standard.
Obtain occupational safety and health protection: During the probationary period, employees shall enjoy the same occupational safety and health protection as regular employees.
Equal employment and choice of occupation: During the probationary period, workers shall have the same rights to equal employment and choice of occupation as regular employees.
Rest and vacation: During the probationary period, employees shall have the same rights to rest and leave as regular employees.
Social insurance and welfare: During the probationary period, employees should enjoy the same social insurance and welfare benefits as regular employees.
Vocational skills training: During the probationary period, workers should enjoy the same vocational skills training opportunities as regular employees.
Labor dispute settlement: If an employee encounters a labor dispute during the probationary period, he or she can negotiate with the employer, apply for mediation, apply for arbitration, file a lawsuit, etc., in accordance with the provisions of the Labor Dispute Mediation and Arbitration Law.
In short, the probationary period is a stage for the employee and the employer to understand and choose each other, and both parties should abide by the law and protect the legitimate rights and interests of the employee.
The performance of the workers was mediocre, and the company felt that it had not been able to fully grasp the work ability during the originally agreed probationary period, and more time was needed to evaluate;
During the probationary period, the employee takes too many hours or too many leaves, which makes it impossible for the enterprise to conduct normal assessment and evaluation
The enterprise fails to pass the assessment of the worker or cannot find a more suitable person to replace the worker for various reasons;
The temporary dignitaries of the company will extend the probationary period to 6 months, or do not want to purchase relevant social insurance, deliberately delay the probationary period, that is, to avoid responsibility, and the risk of dismissal compensation and compensation during the probation period is relatively small;
The employer cannot accurately predict the size of the workload, and needs to observe and judge during the probationary period before deciding whether to formally hire the employee, so it needs more time to evaluate the employee's work ability and performance
Employers want to reduce labor costs by extending the probationary period, because the salary and benefits during the probationary period are relatively low;
Employers want to extend the probationary period to examine the employee's work attitude and performance, because work attitude and performance are one of the important factors in determining whether an employee is suitable for the position;
Employers want to extend the probationary period to see if the employee can adapt to the company culture and team atmosphere, as this will take a while to observe and judge
Employers want to look at the employee's career development potential by extending the probationary period, as this takes a period of time to observe and evaluate.
It should be noted that the extension of the probationary period shall comply with the law, and the employer cannot unilaterally extend the probationary period, but must reach an agreement with the employee and clearly agree in the employment contract. At the same time, the specific time for the extension of the probationary period should also be reasonable and should not exceed the upper limit prescribed by law.
In addition, before extending the probationary period, the employer shall conduct a comprehensive evaluation of the employee's performance to ensure that the employee meets the company's employment requirements. If the employee does not perform well during the probationary period, the employer should communicate with the employee in a timely manner, clearly inform the employee of the existing problems, and give him a certain amount of time and opportunity for improvement. If the employee is still unable to meet the company's requirements, the employer shall terminate the labor contract in accordance with the law and pay the corresponding economic compensation.
In short, the probationary period is a stage for both parties to understand and choose each other, and both the employer and the employee should abide by the law and protect the legitimate rights and interests of both parties. At the same time, the employer should also reasonably arrange the time and method of the probationary period according to the actual situation to ensure that employees can fully demonstrate their abilities and potentials and make greater contributions to the development of the company.