After the most common violations of violations (Beijing) have found working, usually the company will agree to have a trial period, and this period is often 3 months, but in Beijing, this is a violation of "Beijing Labor Contract" . The labor contract provides such a provision: Article 16 The labor contract can agree on the test period. If the labor contract period is within 6 months, the trial period shall not exceed 15 days; the labor contract period is within 6 months, the trial period shall not exceed 30 days; the labor contract period is within 1 year of 2 years, trial No more than 60 days; the labor contract period is more than 2 years, and the trial period shall not exceed 6 months. The trial period includes within the labor contract period. Generally speaking, the employer will sign a one-year labor contract, then according to the regulations, the trial period should not exceed 30 days. If the agreed trial period is 3 months, it is obviously beyond the provisions. So how do you handle if the agreed trial period exceeds? The provisions have some provisions: Article 17 The probationary period of labor contracts exceeds Article 16 of these Provisions, the worker can request to change the corresponding labor contract period, or require the employer to more than the foregoing period, according to the non-test period Wage standard pays wages. The employer should change the labor contract period in time, or pay the wage in accordance with the wage standard of the non-test period. Only the labor contract is only a trial period, and the labor contract period is not agreed. If the labor contract is required, the employer shall negotiate with the laborer to determine the labor contract period. The parties are inconsistent with the negotiation of the labor contract period, and the labor contract period is determined in accordance with Article 16 of this provision. According to the regulations, the workers have the right to choose: 1. Change the deadline for the labor contract. If it is 1 year, it can be changed to 2 years or more. 2. For more than the prescribed period, the unit pays the payment of the non-test period.
