Legal analysis
The transfer between subsidiaries of the group needs to re-sign the labor contract, because the unit where employees serve has changed, and the labor relationship needs to be transferred to the company. As for the probation period, if it is the original job and the work content has not changed, the unit and the employee are not allowed to agree on the probation period. The employer shall not stipulate the probation period for newly hired employees: first, the term of the labor contract is less than 3 months; Second, the labor contract signed is based on the completion of certain tasks; Third, employees who have passed the probation period are hired by the original unit after leaving the company. Moreover, the employer shall not stipulate the probation period for employees who have completed the probation period, whether they adjust their jobs or renew their labor contracts. Of course, if the resigned employee did not agree on the probation period when he first joined the company, the original employer can still agree on the probation period if he rejoins the company. No matter what the reason, the new employer can agree the probation period with the employee. A branch established by an employing unit as stipulated in the Labor Contract Law may conclude a labor contract with a worker as an employing unit if it has obtained a business license or registration certificate according to law. Although different subsidiaries and branches in the same group company belong to the same group company, they have obtained business licenses or registration certificates according to law, and they are not the same employer from a legal point of view. However, the law does not prohibit different employers of the same group company from reaching probation agreements with the same workers respectively.
legal ground
Article 19 of the Labor Contract Law of People's Republic of China (PRC) * * * 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.