Can the enterprise extend the probation period for employees? Yes, what is the correct way? Click on the online teacher to share with you.
First of all, for some reason, such as illness, employees are really incompetent for the probation period. It is a feasible solution for enterprises to extend the probation period, but it is only effective if they complete the change procedures according to law. According to the labor law, the probation period is a part of the labor contract, and extending the probation period is an act of changing the labor contract. The correct way for an enterprise to extend the probation period of employees should be as follows:
1. Confirm that the enterprise signed a labor contract with employees when they joined the company, and the contract period is three years, which is still in the performance period.
2. Collect data and prepare the agreement to extend the probation period: sort out all the documents of employees' leave during the probation period and the data of employees' work results during the probation period, and compare them with the work compliance assessment book of employees' posts. At the same time, draft an Agreement on Extending the Probation Period of a certain employee, the contents of which can be referred to as follows: Because the working day of the employee is too short to meet the working standard of the probation period, therefore, the term of the labor contract is increased to three years and one day, and the probation period is extended for another three months, from a certain day of a certain year to a certain day of a certain month of a certain year, and both parties reach an agreement through consultation without objection. Signature.
third, interview with employees: find a quiet environment, invite employees to sit down, and affirm employees' efforts first in communication. Listen to employees' understanding, present it with objective data, and let employees draw their own judgment that the work results are not up to standard. Then express the tolerance of the enterprise, and put forward the hope that the two sides can continue to cooperate, and employees need to make achievements for a while to prove their ability to be qualified for the company position. In this way, on the basis of understanding and recognition, employees accept the scheme of agreeing to extend the probation period.
iv. please ask the employee to sign the agreement on extending the probation period of a certain employee for confirmation. The company seals, which takes effect. Both parties shall hold one copy of the modified labor contract text. So, you give one copy to the employee, and the other copy is filed as the change part of the labor contract.
after these four steps, the change procedure of the whole probation period was successfully completed. It also achieved the purpose of extending the probation period of employees.
There are two other points to note: First, the written confirmation of the extension must be completed before the expiration of the probation period. After the expiration of the probation period, the employee is deemed to have become a regular employee, so there is no question of extending the probation period again.
Second, the extension of the probation period shall not exceed the upper limit of the legal probation period. You should notice that the template of the Agreement on Extending the Probation Period of a certain employee given by the teacher shows that the term of the labor contract is adjusted from three years to three years and one day. Don't underestimate this extra day. The labor law clearly stipulates that the probation period of a labor contract with a fixed term of more than three years shall not exceed six months, and the extra day will meet the conditions of more than three years, so the probation period can be extended for another three months. Otherwise, even if the employee agrees, the law will not support the illegal agreement.