I have passed the interview and hesitated to work in a company. I don't think the length of the probation period is the primary consideration. Because the probation period of a general company is 1 month to 6 months, mostly 3 months, which company is similar. Time is too short to really understand the ability and real state of new employees; If the time is too long, it will be considered by employees as squeezing labor and saving costs.
Generally, you need a one-month probation period and sign a three-month contract-1 year; Signing 1-3 years requires a three-month probation period; Signing a work contract for more than 3 years requires a probation period of 6 months. But the situation of each company is different. If you perform well, you may end the adaptation period ahead of schedule. Of course, if you don't perform well, you may extend the probation period or be dismissed.
The most important thing for you to take office is to consider the development prospect of this company, the development space of the position you are applying for, whether the working environment is suitable for you, and whether you can control the work content. These are more important, which are related to your career and future development.
In fact, it is also a good thing for job seekers to have a probation period, and employment is a two-way choice process. During the probation period, you can also inspect the company's operating conditions, corporate culture and daily work, accumulate work experience and learn work skills.
A friend went to work in a company without a probation period. As a result, he signed the contract and found that the salary of this company was always delayed.
To sum up, it is normal for a company to have a probation period, but it is strange not to have a probation period. Just like all companies need interviews, companies need to examine you, and you need to examine the company. During the probation period, both parties can get to know each other better and decide whether to stay in our company.
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Probation period refers to the period during which the employer assesses whether the employees are qualified, and the employees also assess whether the employer meets their own requirements, which is a manifestation of mutual choice.
According to 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.
In real life, the probation period is common, and it is impossible to judge whether it is legal because the information reflected by the question is too little. Generally speaking, it is normal to sign a labor contract with an employer with a fixed term of more than three years and no fixed term, and stipulate a three-month probation period.
During the probation period, can the employer dismiss employees at any time without reason? The answer is no.
According to the relevant provisions of the Labor Contract Law, during the probation period, the employer can dismiss the employee only if the employee has one of the following legal circumstances:
(1) The employee is proved not to meet the employment conditions during the probation period;
(2) The laborer seriously violates the rules and regulations of the employing unit;
(3) The laborer seriously neglects his duty or engages in malpractices for selfish ends, thus causing great damage to the employing unit;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The laborer enters into a labor contract with the employing unit against his true meaning by fraud, coercion or taking advantage of the danger of others;
(6) The laborer is investigated for criminal responsibility according to law;
(7) The employee suffers from illness or non-work-related injury, and cannot engage in the original work or other work arranged by the employer after the prescribed medical treatment period expires;
(8) The laborer is not qualified for the job, and is still not qualified for the job after training or job adjustment. In addition to the above circumstances, the employer shall not terminate the labor contract during the probation period.
Conclusion: I don't think the employer can terminate the contract with you at will during the probation period, as long as one of the above conditions is met.
Views on "Entering Longmen": When discussing why there should be a three-month probation period, it should be clear that the meaning of "probation period" is the process of mutual familiarity, adaptation and choice between employees and the company. It is impossible that only the company has absolute employee choice! The three-month probation period includes short-term pre-job training (or short-term guidance for the purpose of doing tasks) for newcomers. After understanding the company's corporate culture, job skills requirements, work cooperation methods, interpersonal relationship handling, etc., both parties make a comprehensive evaluation and matching process according to their respective career demands. Therefore, the probation period of no more than three months is a reasonable two-way choice time.
1 The comprehensive ability of each newcomer in the workplace is different. When the company decides whether to retain talents, it will consider the actual adaptability, the acquired learning ability and the adaptability of newcomers during the probation period!
Over the years, newcomers in the workplace have been able to become full members in just 1 month, and all of them have made outstanding achievements in the same batch of newcomers and solved key problems. This seemingly accidental ability is actually based on the fact that newcomers can quickly grasp the pain points of the core business of the company they serve and formulate effective solutions! More importantly, they must be people who will not make their immediate superiors hostile. They will give priority to assisting their immediate superiors to complete difficult achievements or problems, and then they can get the resources of their immediate superiors to "thank" them for becoming full members in advance.
The vast majority of newcomers in the workplace are basically qualified in the assessment indicators of human resources and department heads, which is the premise of passing the probation period. So this group of people will take three months.
Passing the interview only means that the battle for survival in the workplace has just begun, and the new talents in the workplace during the probation period are the beginning of actual combat. Especially for newcomers who just graduated from the workplace, if you want to pass the probation period, the biggest psychological obstacle you need to overcome is that the workplace is not a school, and no one has the obligation to teach you like a teacher. Therefore, if you want to keep up with the big troops, you must have the ability to survive. No one will stop to wait for you, spoil you, or even explain your survival skills and interpersonal skills over and over again. Everything depends on oneself to learn and grow.
The most uncomfortable thing for newcomers in the workplace during the probation period is the "cold-blooded" work style in the workplace. Don't worry about your junior year, everyone has their own busy work. During the probation period, many newcomers are busy looking at the people around them, but they are at a loss and don't know how to show their "brilliance". Occasionally seize the opportunity to help, most of them don't help!
In the "law of the jungle" in the workplace, you don't understand the environment and interpersonal taboos of the company and various departments, especially this department. You just look at the "envy" of the predecessors who made great achievements on the stage, but you don't know what kind of transformation and growth they have experienced before they can sit firmly in their posts. If you express yourself too actively, you will only be shot in the head! Unless you have the ability and channels to prepare, and you can complete all the tasks assigned to you well, you can express yourself voluntarily! However, even if you are talented, if you are too ostentatious and involve the interests of others, you will be designated as the "eliminated" object during the probation period.
During the three-month probation period, newcomers in the workplace are also a process of examining the company's corporate culture, management system, talent retention mechanism, salary and treatment level, whether it infringes on the legitimate rights and interests of workers and the company's business development prospects, which is related to the indicators of whether the personal career planning goals can be implemented as planned. Stay if you meet your requirements, leave decisively if you are not satisfied, and look for new opportunities.
If the company is considered in the established plan of career planning objectives, then it must try its best to pass the three-month probation period; If more than two indicators do not meet, we must decisively give up wasting time in this company! Because according to the established trajectory of career planning goals, each stage has the ability to experience and grow, and then we can reach the designated positions at each stage. If you delay a little time at each stage, you will not only open a big gap with your peers, but also affect the timely realization of your career goals!
4. A three-month probation period is a reasonable time line; If you are told in the interview that the probation period is 6 months, you should be alert to the sincerity of the employer and the true reliability of the company's business. If HR or the boss shows various routines such as "new people learn more and don't look at money", resolutely give up such a company that likes to use "free manpower"; If the probation period exceeds 6 months, it means cheating the company and violating the latest labor law. Give up this junk company decisively.
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According to Article 19 of the Labor Contract Law, 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.
At the same time, the Labor Contract Law stipulates that the same family unit and the same worker can only agree on a probation period.
In addition, the "Labor Contract Law" also stipulates that two fixed-term labor contracts should be concluded continuously, and the employee does not have the circumstances stipulated in Articles 39 and 40, so the renewal of the labor contract should be an open-ended labor contract.
Therefore, employers generally sign labor contracts with workers for three years or more, and usually set a probation period of three to six months, which is not only from the perspective of saving labor costs, but also to avoid some labor risks in some practical work. For example, under the condition that the company does not violate the labor law, as long as it can prove that the employee does not meet the probation requirements, the company can unilaterally terminate the labor contract relationship between the two parties without compensation. Relatively speaking, the default cost of enterprises will be less. Many employers of small companies and enterprises with irregular human resources will also take advantage of this legal loophole to recruit a large number of interns and probation employees, especially some sales positions, and terminate their labor relations with workers on the grounds that they have not met the probation requirements before the end of the probation period, and then recruit a large number of employees repeatedly and then dismiss them.
On the other hand, employees basically need two to three months to get to know the company, understand the corporate culture, be familiar with various work processes, and integrate into the new team, so as to adapt to the company's work rhythm and new environment and cooperate with new colleagues.
As for the investigation of new employees by business managers, in fact, one month is enough to have a basic judgment on a person's work ability and attitude. The three-month probation period is not only a customary habit, but also for enterprises to reduce labor risks. Of course, the probation period of many companies is also agreed to be six months. As long as it complies with laws and regulations, there is nothing to say.
According to Article 19 of the Labor Contract Law, 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.
Companies generally set the contract term according to the Labor Contract Law. Most enterprises are willing to sign a three-year contract and can set a three-month probation period. Setting up three probation periods is not to save costs, but for the following two reasons:
First, in three months, new employees have enough time to understand the company's corporate culture and work processes, and integrate into the new environment, adapt to the company's work rhythm well, and have a certain tacit understanding with colleagues. At the same time, the company can also well examine the staff's conduct, ability and the level of completing tasks. Especially in some positions, such as sales posts and management posts, no one can be seen for a short time. It's just right for the company and employees to visit each other for three months.
Second: if it can be proved that the company meets the conditions for dissolving the labor contract during the probation period without violating the labor law, the company can unilaterally dissolve the new employee during the probation period, which is relatively easy to dissolve without compensation. 1 month proves nothing. It can be seen that a person's level of three months is enough, and the probation period of six months is too long. Therefore, the average company likes to set a three-month probation period, which can stop the loss in time without affecting the search for new substitutes. Ordinary headhunting companies are also used to setting a three-month guarantee period for BD customers, indicating that three months is good enough.
In fact, I want to say that no matter how many months you have used it, as long as you are willing to work hard and are not afraid of not getting porcelain work, you can improve your core competitiveness and general skills in the workplace, as well as your problem-solving ability, making yourself irreplaceable. Wherever you go, the company will treat you as a treasure, and wherever you go, you can reflect your value.
According to the labor contract law, 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.
Therefore, according to the law, if the laborer signs a fixed-term labor contract with the employer for more than three years, or there is no fixed-term labor contract, the probation period can be agreed to be three months.
According to Article 19 of the Labor Contract Law, 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.
Companies generally set the contract term according to the Labor Contract Law. Most enterprises are willing to sign a three-year contract and can set a three-month probation period. Setting up three probation periods is not to save costs, but for the following two reasons:
First, in three months, new employees have enough time to understand the company's corporate culture and work processes, and integrate into the new environment, adapt to the company's work rhythm well, and have a certain tacit understanding with colleagues. At the same time, the company can also well examine the staff's conduct, ability and the level of completing tasks.
Especially in some positions, such as sales posts and management posts, no one can be seen for a short time. It's just right for the company and employees to visit each other for three months.
Second: if it can be proved that the company meets the conditions for dissolving the labor contract during the probation period without violating the labor law, the company can unilaterally dissolve the new employee during the probation period, which is relatively easy to dissolve without compensation.
1 month proves nothing. It can be seen that a person's level of three months is enough, and the probation period of six months is too long. Therefore, the average company likes to set a three-month probation period, which can stop the loss in time without affecting the search for new substitutes. Ordinary headhunting companies are also used to setting a three-month guarantee period for BD customers, indicating that three months is good enough.
Today we will talk about the probation period with this question of the subject.
Some companies have a three-month probation period because of the following circumstances:
The first case: because the laborer has signed a labor contract with a term of more than three years, or a labor contract with no fixed term. Article 19 of the Labor Contract Law of People's Republic of China (PRC) stipulates that the probation period of labor contracts with a fixed term of more than three years and without a fixed term shall not exceed six months. The three-month probation period mentioned by the subject does not exceed six months, so it belongs to the legal category. In other words, a fixed-term labor contract of more than three years and an open-ended labor contract are legal as long as the probation period does not exceed six months.
Some people may ask: What does "more than three years" mean? Does it include three years? The state has a clear legal interpretation of the word "above", that is, "above", "below", "within" and "expired", including the number; "Not satisfied", "exceeding" and "beyond" do not include this number. "What's the number? It is a number used in legal provisions, including "above", "below" and "within". In other words, "more than three years" mentioned in article 19 includes three years.
Then, if you sign a labor contract for more than two years and a labor contract for less than three years, how long should the probation period be set? No more than two months. The judicial interpretation of this condition is still stipulated in Article 19 of the Labor Contract Law: 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.
Article 19 also stipulates: 1) 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; 2) A probation period shall not be stipulated in a labor contract whose term is to complete certain tasks or whose term is less than three months.
In the second case, some companies sign labor contracts with employees for less than three years, but the probation period is three months. For example, the labor contract was signed for one year, or two years, or two and a half years, or less than three years, but a three-month probation period was agreed (as many companies do). If so, it shows that these companies have violated Article 19 of the Labor Contract Law: 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.
Now answer the question in the main annex back and forth: The interview has passed, are you still hesitant to go? Of course I will. Now almost no company will not agree on a probation period. The probation period is as short as one month and as long as six months. The practice of most companies is to sign a labor contract for the first time and sign a three-year probation period. Probation period, you can't hide. If you have real skills, are you still afraid of the probation period?
Other information about the probation period in the legal provisions:
First, Article 20 of the Labor Contract Law stipulates that the wages of workers during the probation period shall not be lower than 80% of the minimum wage of the same position in the unit or the wages agreed in the labor contract, and shall not be lower than the minimum wage standard where the employer is located. In other words, if the salary of the lowest post in the entry position is 5,000 yuan per month, then the monthly salary of the probation period shall not be less than 4,000 yuan, and shall not be lower than the minimum wage in the workplace.
Second, Article 37 of the Labor Contract Law stipulates that the employee may terminate the labor contract by notifying the employer three days in advance during the probation period. In other words, during the probation period, if the employee feels that the company is not satisfied, he can notify the company to terminate the labor contract three days in advance (he doesn't want to do it). Three days after proposing to terminate the labor contract, you can pat your ass and leave. Although it looks a bit inhuman, it is legal. However, correspondingly, if the employer finds that the employee is proved to be unqualified for employment during the probation period, it may also terminate the labor contract (Paragraph 1 of Article 39 of the Labor Contract Law). Special note: during the probation period, the employer does not need to notify the employee to terminate the labor contract three days in advance.
(Comparison: The Labor Law revised in February 20 18 and 18 gives a new explanation on the termination of the labor contract during the probation period: Article 32 of the Labor Law stipulates that a worker may notify the employer to terminate the labor contract at any time under any of the following circumstances: (1) During the probation period ... That is to say, the worker and the employer enjoy the same rights during the probation period. )
Third, according to Article 70 of the Labor Contract Law, both parties to part-time employment shall not agree on the probation period. In other words, if you only work part-time in the company, or you don't have to work part-time in the company like a regular employee, then neither the employee nor the employer can agree on a probation period.
Fourth, according to Article 83 of the Labor Contract Law, if the employer violates the Labor Contract Law and agrees with the employee on the probation period, the labor administrative department shall order it to make corrections; If the probation period agreed in violation of the law has been completed, the employer shall pay compensation to the employee based on the monthly salary of the employee after the expiration of the probation period and according to the time limit that has been fulfilled outside the statutory probation period. That is to say, if a probation period of two months should be agreed according to the Labor Contract Law, but the employer has set a probation period of three months, then the employer should reissue the wages that should have been turned positive to the workers in the third month.
Fifth, the probation period can only be agreed once. It is illegal for the employer to extend the probation period after the probation period expires. See Article 19 of the Labor Contract Law: The same employer and the same employee can only agree on a probation period.
Not some companies, but many companies, the probation period is basically three months. Of course, there are also more than one month and six months, but the three-month probation period is the most common in the market.
After reading many of the previous answers, the analysis is very comprehensive from the perspective of labor law. Here I want to delete the provisions of the labor law and the use period set by the employer to avoid legal risks. Personally, I think the three-month probation period is reasonable for both workers and employers. Besides, are you sure you understand all the terms of probation in the labor law?
1 From the laborer's point of view, if you go to work in a company, if a small company is ok, if it is a big company, it is obviously a little short for you to go to work in a specific department and post, and it is relatively reasonable to set a three-month period.
From the point of view of the employer, it is of course an ideal state to be able to recruit the right person under the condition of limited human resources, but if the person recruited is not very suitable and signed a fixed-term contract at the beginning, then it will face an embarrassing situation in the future. After use, it can't be used. If you don't have to, you'll have to make do. This is actually a great waste of human resources, and the management cost borne by the company will be pushed up invisibly.
Of course, I have also met some employers with a probation period of up to one year. Such units are generally common in the campus recruitment of central enterprises or the promotion and use of leading cadres, and should be considered cautiously and conservatively.
1. It is understandable that an average company will give a workplace a probation period of 3-6 months.
First of all, when Xiao Bai enters a new company, he needs to adapt to the surrounding environment. Generally, it takes at least three months to get familiar with the environment and really integrate into the team. At this time, we can observe whether he can adapt to this team and whether his personal habits and personality can blend into the group.
Setting the probation period again is also a kind of protection for enterprises. After all, the labor law protects employees. For enterprises, once inappropriate people are used, the cost of persuasion is too high, which increases the burden on employers.
As for all kinds of Daniel and experts, there should also be a probation period, which may be shorter. According to the situation of the company and individuals, even a big bull in the industry will be acclimatized and unable to adapt to the team when the whole company can't change. For example, many airborne presidents and bosses can't change the environment or themselves, which leads to an embarrassing situation for both sides. A three-month probation period may not apply to such people.
Generally speaking, the length of probation period is a means for enterprises to assess the risks of employing people, which may vary from person to person and cannot be a one-size-fits-all situation. Even if it is one-size-fits-all, it will change in the specific operation process. I hope I can help you!