Probation period and overtime compensation -- knowledge before and after entering the factory labor law

The probation period is long

(1) The term of the labor contract is more than three months but less than one year , The probation period shall not exceed one month ;
(2) The term of the labor contract is more than one year but less than three years , The probation period shall not exceed two months ;
(3) Labor contracts with fixed term and no fixed term of more than three years , The probation period shall not exceed six months .
The probation period shall be calculated from the date of actual performance of the labor contract , Included in the term of the labor contract .

The probationary period cannot be agreed

1. A labor contract with a time limit of completing a certain task ;
2. A labor contract whose term of performance is less than three months ;
3. Part time employment .

The standard of economic compensation

Pay one month's salary every full year .6 More than months but less than a year , Press 1 Annual calculation ; discontent 6 Months , Pay half a month's salary .

Situations where an open-ended labor contract should be concluded

There is one of the following , The worker offered or agreed to renew 、 To enter into a labor contract , Except that the laborer proposes to sign a fixed-term labor contract , There should be an open-ended labor contract :
( One ) The worker is in the employer Have worked continuously for ten years Of ;
( Two ) When the employer first implements the labor contract system or the state-owned enterprise restructures and re concludes the labor contract , The laborer has worked continuously in the employing unit for at least 10 years and is less than 10 years away from the statutory retirement age ;
( 3、 ... and ) Two consecutive fixed-term labor contracts are concluded , And the laborer does not have article 39 and Article 40 (1) of this law 、 In the case of the second provision , Discussion on renewal of labor contract .
( Four ） The employer shall start from the date of employment Failing to conclude a written labor contract with a worker for one year , It is deemed that the employer and the employee have entered into a non fixed term labor contract .

The benchmark of China's standard working hour system

1. The daily working hours of the laborer shall not exceed 8 Hours ;
2. Work no more than... Hours per week 40 Hours ;
3. The management must ensure that the workers at least once a week 24 Hours of uninterrupted rest .

Legal restrictions on overtime under the standard working hour system

It is really necessary for production and operation ; Negotiate with the trade union and the workers ; Generally no more than 1 Hours , Under special circumstances, it shall not exceed 3 Hours , No more than per month 36 Hours .

Compensation for overtime arranged by the company

Extra time on weekdays : Not lower than the worker's own hourly wage standard 150% Overtime pay
Working overtime on rest days : Take compensatory leave first , Those who cannot take compensatory leave shall be paid no less than 200% Overtime pay
Working overtime on legal holidays : No less than 300% Overtime pay

 System monthly payroll day :365-(52*2) /12=21.75 God / month    Daily wage : Monthly wages /21.75 God     Hourly wage : Monthly wages /21.75*8 when