Probation is the period, who must also undergo one or more times while working in the business or business organization. However, the rules of the trial period this many people still can't understand. This can affect the benefits received by workers. The same Surehcs learn immediately about the provisions of the labor law, while the trial in this article, okay.
1. Rules of the trial period the employee
Rules of the trial period are shown in Clause 1, Article 24 of The Labour code 2019. Accordingly, employers and workers need to adhere performed and recorded content in this contract of employment trial work.
Based on the nature of work that the agreed time will be different, however the workers just the a single with a job under the conditions below:
- With the management of the trial period, the maximum is 180 days.
- Job titles, qualifications, and specifications from college and above rules of the trial period not more than 60 days.
- With job titles, qualifications, technical level medium, staff, service, the time is not to exceed 30 days.
- What other work have time for work no more than 6 days.
Businesses have a responsibility and obligation to comply with the time trial on. If violations will be sanctioned according to the rules. Base at Point b, clause 2, Article 9 of Decree 28/2020/ND – CP, corporate sanctioned death 02 – 05 million.
In addition, the rules of the trial period does not apply to the contract less than 01 month.
2. Workers try out the how many times in a business?
According to Article 25 of The Labor code, time trial due to the 2 parties to the agreement and be a single for a job position in the organization, business.
If violated, the employer will be fined from 2 – 5 million according to point a, Clause 2, Article 9 of Decree 28/2020/ND-CP.
However, in the same business, with many positions work different then workers can try to work, if change work location without penalty.
After the end of the trial period. If satisfactory, the employer needs to perform signing of the contract labor official. If you've expiration of the probationary period, but the employee does not meet the requirements, then the employer can request a transfer to trial in another location if you want to or termination of the probation contract.
During the probation period, either party may cancel the contract labour without notice, without compensation contract labor.
3. The entitlements in regulation when the
Here are the benefits that employees can get in rules of the trial period:
- The issue of wages received: employees will be paid at least 85% of the official salary of the job location is try – Grounds in Article 26 of The labour Code 2019
- Working time: Regulation of working time to ensure no more than 8h/day, not exceeding 48 hours/week. Overtime, overtime as prescribed. According to Article 105, 107 of The labor code 2019.
- The time interval between ca: continuous work day is at least 30 minutes, and 45 minutes when working at night. Grounded in Article 64 of Decree 145/2020/ND-CP.
- Annual leave: based on Paragraph 2 of Article 65 Decree 145 the employee is entitled to annual leave if you keep working after the trial period. Specifically, if workers try to 2 months after received the official will be entitled to 2 days annual leave.
- Holidays holidays: According to Article 112 of The Labour code 2019, workers are entitled to do enjoy raw wage with the holidays prescribed by law.
On this is detailed the rules of the trial period is regulated by The labour code. Employees who are or are about to perform test work to learn these rules in order not to lose rights, okay. Hope SureHCS bring the most useful information for you to read.
