How is the probationary period of the employment contract stipulated, and is there any compensation

The probationary period stipulated in the employment contract is not a mandatory clause, but a negotiation clause, and whether it is agreed upon is determined by the employee and the employer through negotiation.

Paragraph 2 of Article 17 of the Labor Contract Law stipulates that "in addition to the necessary clauses specified in the preceding paragraph, the employer and the employee may agree on other matters such as probationary period, training, confidentiality preservation, supplementary insurance and welfare benefits." "

In order to prevent employers from abusing the probationary period and protect the rights and interests of employees. Article 19 of the Labor Contract Law sets a time limit on the probationary period.

The agreed time limit of the probationary period:

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

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

During the probationary period, the employer shall pay social insurance for the employee in accordance with the law.

During the existence of the labor relationship, both the employer and the employee must participate in social insurance and pay social insurance premiums in accordance with the law, which is a mandatory provision of the law.

The clause agreed between the employer and the employee that no social insurance is paid during the probationary period violates the mandatory provisions of the law and is invalid.

5. Termination of the contract during the probationary period

1.Negotiated termination

The employer and the employee may terminate the labor contract if they reach an agreement through consultation

2.Unilateral termination by the employee

Termination with notice: The employee may terminate the labor contract by notifying the employer 3 days in advance during the probationary period.

The employee is terminated at will.

If the employer has any of the following circumstances, the employee may terminate the labor contract at will (the fault of the employer):

Failure to provide labor protection or working conditions in accordance with the labor contract;

Failure to pay labor remuneration in full and in a timely manner;

Failure to pay social insurance premiums for workers in accordance with the law;

The rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of employees;

The employer uses fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to its true intentions;

Other circumstances under which an employee may terminate a labor contract as provided by laws and administrative regulations.

If the employer forces the employee to work by means of violence, threat or illegal restriction of personal freedom, or if the employer violates the rules and regulations and orders the employee to perform risky work that endangers the employee's personal safety, the employee may immediately terminate the labor contract without prior notice to the employer.

3.Unilateral termination by the employer

Article 21 of the Labor Contract Law stipulates that "during the probationary period, the employer shall not terminate the labor contract unless the employee falls under the circumstances specified in Article 39 and Article 40, Paragraphs 1 and 2 of this Law." If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee. ”

The employer may terminate the labor contract (fault of the employee) if the employee falls under any of the following circumstances:

Proven to be ineligible for employment during the probationary period;

Serious violation of the rules and regulations of the employer;

Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

The employee establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

The employee uses fraud, coercion or taking advantage of the danger of others to cause the other party to conclude or modify the labor contract contrary to his true intentions;

He was investigated for criminal responsibility in accordance with the law.

The worker is sick or injured not due to work, and is unable to perform his original job or work arranged by the employer after the prescribed medical treatment period has expired;

The worker is not competent for the job, and after training or job adjustment, he is still incompetent for the job.

The calculation standard of severance is n+1, that is, 15 times the monthly salary;

The standard of compensation for illegal termination is: 2n, which is 1 month's salary.