Legal analysis
Probation period is an inspection period agreed by the employer and the employee for mutual understanding and mutual choice after establishing labor relations. The probation period shall be agreed by both parties through consultation, provided that it does not violate mandatory laws and regulations, and the probation period is included in the term of the labor contract. The probation period is included in the term of the labor contract, provided that the labor contract is signed. At the same time, according to the relevant laws and regulations, if a labor contract is not signed during the probation period, the employee may demand to pay double wages. According to the law, a unit shall conclude a written labor contract when establishing labor relations with employees from the date of employment. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. Secondly, if a written labor contract has not been concluded with the employee for more than one month and less than one year since the date of employment, the employee can pay double wages according to law. If the labor contract does not specify the labor remuneration standard and working conditions, which leads to disputes, the employer and the employee may negotiate again. If negotiation fails, the provisions of the collective contract shall apply. If there is no collective contract or there is no agreed labor remuneration in the collective contract, equal pay for equal work shall be implemented. If there is no collective contract or the collective contract does not stipulate the standard of working conditions, it shall be implemented in accordance with the relevant provisions of the state.
legal ground
Article 17 of the Labor Contract Law of People's Republic of China (PRC) shall have the following provisions: (1) the name, domicile and legal representative or principal responsible person of the employing unit; (2) The name and address of the laborer and the number of the resident identity card or other valid identity documents; (3) The term of the labor contract; (4) Work content and work place; (five) working hours and rest and vacation; (6) Labor remuneration; (7) Social insurance; (eight) labor protection, working conditions and occupational hazard protection; (nine) other matters that should be included in the labor contract as stipulated by laws and regulations. In addition to the necessary provisions stipulated in the preceding paragraph, the employer and the employee may agree on probation, training, confidentiality, supplementary insurance and welfare benefits.