Research On China’s Labor Contract Probation Period System

Probation period system is a characteristic one in the labor law system and is ancomponent of the labor contract system. China’s Labor Contract Law which becmeeffective in2008has more specific provisions about probation system than LaborLaw.But there are still many deficieneis and shortcomings. Coupled with the seriousimbalanced labor relations as a result of great pressure on employment,manyimployers abuse of the trial period in the practical labor process which violations ofworkers’ legitimate rights and interests. In order to safeguard the legitimate rights andinterests of the workers in probation period and build a harmonious and stable laborrelations, firstly we should and China’s Labor Contract Law fully and correctly anduse the provisions of the probation period correctly. Secondly, we should study theroversial issues and legislative gaps and then propose appropriate solutions orrecommendations. For the above-mentioned purpose, this paper launches an in-depthstudy on China’s labor contract probation period system.This article is divided into a total of four chapters.Chapter1is an overview of the system of the probation period. This sectionelaborates the concept and function of the probation period. And it distinguishesbetween the probation period, apprenticeship period and internship period.Chapter2clears and assesses the current contents of the legislation of the systemof probation period. This part gives a systematic interpretation in terms of provisionsin China’s Labor Contract Law about the agreement of probation period, the term ofprobation period, the treatment of workers during the probation period and thetermination of labor contract. This is also the premise to using the system of probation period correctly.Chapter3mainly describes the problems and controversies of probation periodsystem. There is some doubt about the rationality that the probation period can onlybe agreed once in practice. There is different opinions about whether the agreement ofprobation period must be in writing. The probation period which exceeds the statutorymaximum limit stipulated is a long probation period. Long probation period should betotally invalid or only partially invalid is a question. The legality of extending andshortening the probationary period is controversial. In addition,the social insurancedisputes in probationary period,the lack of standards of the conditions for employmentand when probation period meets service period, whether the employee is liable if heterminate his employment contract? These are all problems to be solved in practice.Chapter4proposes the suggestions for improvement of the probation periodsystem. The author gives the following suggestions in order to solve the problemsdescribed in Chapter3. In some situations,the probation period can be agreed morethan once.The agreement of probation period must be in writing.Long probationperiod should only be partially invalid.The legality of extending and shortening theprobationary period should meet certain conditions. We also need to sound themechanism of workers’ rights protection in probation period.It is necessary toestablish a complete probationary period evaluation mechanism. When probationperiod meets service period, whether the employee is liable if he terminate hisemployment contract? We should analyze this question specifically.