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What to do if the company does not sign a contract during the probation period

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What to do if the company does not sign a contract during the probation period


        

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  • 2024-06-18 02:00:49

    The probation period also belongs to the labor period. If the probation period is within one month, and one of the employees or the employer refuses to sign a labor contract, the other party has the right to terminate the labor relationship without paying economic compensation. In this case, it is recommended to send a notice of dismissal in writing and retain evidence.
    If the probation period is more than one month but less than one year, and the unit refuses to sign the contract, the laborer can file a labor arbitration to require the unit to pay double wages from the second month up to a maximum of eleven months; If the employee refuses to sign the contract after more than one month but less than one year, and the employee does not sign the contract, the unit needs to make video recording at the same time. If the employee is still unwilling to sign the contract, the employer needs to terminate the labor relationship as soon as possible.
    Labor Contract Law of the People's Republic of China
    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 or without a fixed term of more than three years shall not exceed six months. The same employer and the same worker can only agree on one probation period. A probation period may not be stipulated in a labor contract whose term is to complete a certain task or whose term is less than three months. The probation period is included in the term of the labor contract. If the labor contract only stipulates a probation period, the probation period shall not be established, and this period shall be the term of the labor contract.

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