Discussion On The Protection Of Employees' Rights During The Probation Period In China

The probation period of labor contract, is a special period in labor contract deadline, which is employers and employees agree on, in accordance with law, in equal and voluntary, for the two parties of labor contract to understand and to observe each other, and then identify whether they suit mutually. Probation period clause is one of the labor laws and regulations, which can be stipulated in the labor contract. Recognize and regulate the probation period and the rights of employees during this period and other related issues, is common practice in many countries in the world. Regulate the probation period and other related issues reasonable and legally, it is not only good for protecting legitimate interests of employers and employees, but also has important and far-reaching influence to the rapid economic development and social harmony and stability of the whole country.Indeed, probation period is a particular stage compared to the formal stage of labor contract, its contents and treatments are less formal and comprehensive than formal stage. But there is no doubt that employees still enjoy a series of rights during the probation period, such as the right of signing contract, the right of getting remuneration, the right of social security, the right of medical care treatment, the right of rest and vacation, the right of participation in vocational skills training, the right of participation in the democratic management, the right of terminating the labor contract, and so on. These rights as important as the rights of formal stage in the labor contract, even more important because of probation period, and need more attention and protection.However, in social practice, as the labor laws and regulations are not perfect or comprehensive, there are some flaws and defects, plus the relevant departments make less supervision and management, besides, some employers make error interpretations of the probation period intentionally or unintentionally, of which some do not know enough about the law of employees'rights during the probation period, while others are deliberately set up "probation period trap" for employees, ignoring or even aggrieving employees'rights at this stage, in order to evade the obligations and responsibilities of employers, plunder the cheap labor force insanely. It is for these series of complex reasons, resulting in the probation period has become a "sensitive period" which produced labor relations disputes. And the disputes of employees'rights which in probation period, showing a growing, increasing complex situation. Nevertheless, the exploration and study of this issue is rare in the areas of legal theory and the fields of social practice, has not formed widespread attention and concern. Thus, it is very necessary and important to make further detail study of employees'rights protection during the probation period according to the spirit of labor laws and regulations, combining with a variety of situations arising in practice, and make it more perfect.This article makes reducing labor disputes, building harmonious labor relations, and contributing to social harmony as well as the realization of ruling the country by law as the basic guiding principle, analyzing and researching in depth and systematically the issue which "the protection of employees'rights during the probation period in China" with purposeful, planned, in all directions. This article combines with the objective reality of labor relations in our society at this stage, by reference to the specific provisions of China's current labor-related laws and regulations, explains and elaborates the current situation of the protection of employees'rights during the probation period in China. In the meanwhile, it summarizes and analyzes a series of problems, compares to the foreign philosophy system and related areas of legal mechanisms, bases on the actual conditions of China, to draw lessons from foreign successful experience appropriately, and finally proposes recommendations and measures of improving the protection of employees'rights during the probation period.