"During the probation period, you don't pay five insurances and one housing fund, and you will pay it after you become a regular", "The time is too short, the inspection is not comprehensive, and the probation period needs to be extended", "If you change to a new position, you need to recalculate the probation period"... According to a report by the Workers' Daily on November 11, although the current labor law and labor contract law have clear and complete provisions on probationary employment, some employers still regard the probationary period as a "cheap period" or "casual period", and the rights and interests of some probationary workers are facing instability.
Disputes between employees and employers over the probationary period are not new, and many of the conflicts arise because some employers are not clear and do not understand the relevant laws and regulations. For example, the law prohibits part-time employees from agreeing on a probationary period, but some employers still have probationary requirements for part-time hourly employees.
With the improvement of laws and regulations and the advancement of law popularization, most employers now know the law and understand the law, and understand the probationary period provisions in the laws and regulations. However, it seems that some people have also deliberately exploited loopholes, such as "reaching a consensus" with the employee not to pay social security during the probationary period, and recalculating the probationary period with the employee after being transferred.
Knowing that some of its actions are suspected of violating the law, why does the employer repeatedly refuse to change or take risks? It is nothing more than that in the labor relationship, the worker is in a disadvantaged position, even if he knows that the employer is breaking the law, he still chooses to "bear with it, it is important to keep his job". At the same time, there are also factors such as unobstructed channels for workers to protect their rights, high costs, and weak procedural cohesion. In addition, the punishment of the relevant laws is not enough to cause pain to enterprises that violate the law.
Now, probationary disputes are giving rise to new troubles. In this context, the handling of disputes during the probation period should not only do a good job in resolving disputes in individual cases, but also draw inferences from others and come up with more effective prevention and correction mechanisms.
For example, in the case of an employer's non-payment of social insurance, it is theoretically and technically feasible to try to use technical means to find out and punish the tax data of the employer and the employee and the employee's social security payment. For another example, in view of the weakness of workers in the signing of labor contracts and the agreement of related contents, some localities and enterprises are exploring the application of blockchain technology to the signing and management of commercial contracts, so as to achieve more authentic and reliable contract content, more timely registration and filing, and at the same time help relevant departments to grasp the changes in labor relations in real time.
At present, the relevant departments should focus on punishing outstanding problems to the end. For example, with reference to the relevant provisions of some countries, according to the level of economic and social development and the scale of enterprises, appropriately raise the penalty standard and upper limit, and add punitive penalties of a public interest nature.
Fundamentally curb the old problem of probationary period and new troubles, and more importantly, increase the cost of illegal activities for employers. At present, some localities have put in place joint disciplinary measures, such as including employers and enterprise legal persons in the credit blacklist, and restricting taxes and loans. It is expected that the relevant parties will take the probationary period dispute as the starting point, think of more methods, learn more from experience, and take more joint actions to effectively promote the resolution of various problems in the field of labor rights and interests protection. (Workers' Daily, Gong Chang)