? The probation contract expires, that is, the contract expires. The employing unit shall renew the labor contract with the employee in accordance with the provisions of the Labor Contract Law. If the labor contract is not renewed, the contract will be terminated, and the employer shall pay economic compensation to the laborer according to the regulations. If the employer terminates the labor contract in violation of the law and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the employee does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of the Labor Contract Law.
The employing unit does not go through the formalities of regularization and grading according to the labor contract, which infringes upon the legitimate rights and interests of workers.
In view of the above situation, workers have the right to complain to the labor inspection brigade or apply for labor arbitration to safeguard their legitimate rights and interests. ?
Labor Contract Law
Article 4 The employing unit shall establish and improve labor rules and regulations according to law, so as to ensure that laborers enjoy labor rights and perform labor obligations.
When an employing unit formulates, modifies or decides the rules and regulations or major issues directly related to the vital interests of workers, such as labor remuneration, working hours, rest and vacation, labor safety and hygiene, insurance and welfare, employee training, labor discipline and labor quota management, it shall discuss with the workers' congress or all employees, put forward plans and opinions, and negotiate with trade unions or employee representatives on an equal footing.
In the process of implementing rules and regulations and major issues, trade unions or employees have the right to propose to the employer and revise and improve them through consultation.
The employing unit shall publicize or inform the rules and regulations and major issues directly related to the vital interests of workers.
Article 19 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.
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 44 A labor contract shall be terminated under any of the following circumstances:
(a) the expiration of the labor contract;
Article 46 Under any of the following circumstances, the employing unit shall pay economic compensation to the workers:
(5) Terminating a fixed-term labor contract in accordance with the provisions of the first paragraph of Article 44 of this Law, except that the employer maintains or improves the conditions stipulated in the labor contract to renew the labor contract and the employee does not agree to renew it;
Forty-seventh economic compensation shall be paid according to the standard of one month's salary for each full year of work in the unit. For more than six months but less than one year, it shall be counted as one year; If it is less than six months, economic compensation of half a month's salary shall be paid to the workers.
If the monthly salary of workers is three times higher than the average monthly salary of local workers announced by the people's government of the municipality directly under the central government or the city with districts where the employer is located, the standard for paying economic compensation to workers is three times the average monthly salary of workers, and the longest period for paying economic compensation to workers shall not exceed 12 years.
The monthly salary mentioned in this article refers to the average salary of workers in the twelve months before the dissolution or termination of the labor contract.
Article 48 If the employer dissolves or terminates the labor contract in violation of the provisions of this Law, and the laborer requests to continue to perform the labor contract, the employer shall continue to perform it; If the laborer does not request to continue to perform the labor contract or the labor contract cannot be continued, the employer shall pay compensation in accordance with the provisions of Article 87 of this Law.
Article 80 If the rules and regulations of the employing unit directly related to the vital interests of workers violate the provisions of laws and regulations, the labor administrative department shall order it to make corrections and give a warning; If it causes damage to workers, it shall be liable for compensation.
Article 87 Where an employing unit dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the laborer at twice the economic compensation standard stipulated in Article 47 of this Law.