01 Case
Mr. Tang applied for a job in an education company, and the labor contract signed with the company stipulated that the contract period was 2 years, the probation period was 4 months, the probationary salary was 4,500 yuan, and the monthly salary was 5,000 yuan. Four months later, Tang learned that the probationary period agreed between the company and himself did not comply with the law through studying the Labor Contract Law, so he demanded that the company pay compensation for the probationary period. How much is the compensation for the probationary period that Tang can claim?
02 Laws and Regulations
Article 19 [Probationary Period] If the term of the labor contract is more than three months but less than one year, the probationary period shall not exceed one month;If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months;For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.
The same employer and the same employee can only agree on a probationary period once.
Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.
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.
Therefore, the compensation is calculated according to the probationary period that the worker has actually performed in violation of the agreement, and the probationary period compensation that Tang can claim is 2 months, and the compensation is 5,000 yuan per month, totaling 10,000 yuan, and if the number of days that have been performed is less than one month, it is calculated according to the actual number of days, that is, 5,000 2175*Number of days.
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