Some companies try employees through unpaid training rotations, sign short-term unpaid employment agreements, etc. to reduce labor costs-
unpaid trial jobs become a new way for enterprises to avoid the trial period.
Experts have made it clear that unpaid trial jobs violate the labor laws.
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The probation period is the inspection period agreed upon by the laborer and the employer for mutual understanding. However, some enterprises have taken various measures to get paid workers to work in vain. For such unpaid trial work, professionals pointed out that it is a violation of labor laws, and the employer should immediately correct and improve the employment system.
"Party A (enterprise) can adjust the position according to the performance of Party B (employee). The trial period is 5 days. Those who pass the trial will be paid after the formal appointment. Those who have not reached an employment agreement will not pay labor compensation." When showing the "Unpaid Work Trial Agreement" signed with a food processing enterprise in Shenyang to a reporter from the Workers' Daily, Zhou Tian called it a "free labor agreement".
More than Zhou Tian was a free laborer. The probation period is a special period in the labor relationship. It is the inspection period agreed for the mutual understanding after the employee and the enterprise establish the labor relationship.
The reporter found that in order to avoid the cost of labor during the probation period, some companies chose to recruit non-full-time employees, unpaid training rotations, sign short-term unpaid employment agreements and other illegal methods to "trial" employees, so that they should be paid workers White work.
Free trial for 11 people, 1 person not hired
21-year-old Zhou Tian is a fresh graduate of a vocational technical college in Shenyang. On February 22, she passed a video interview with a food production company and found her first job in life. Two days later, Zhou Tian happily went to the company to join the job, but was told to start his job without pay. The three-page long trial agreement stipulates: a probation period of 5 days; except for brunch, no labor compensation and welfare benefits will be paid; the company feels that the employee is not suitable for the job, and no compensation will be given if it is not hired. On the same day, there were 10 people who came with her.
"Finally found a job, there is no chance of getting a job without trial work." Although feeling a loss, Zhou Tian signed. Every day from 8 to 5 in the morning, cleaning the workshop, boxing, and picking defective products, Zhou Tian and regular employees have the same work intensity. As a result, after 5 days, the company did not hire her on the grounds of "halo assembly line". Moreover, none of the 10 people who came with them remained.
Unlike Zhou Tian, Zhao Jianjun has a longer trial period. In January this year, he applied for a supermarket to be a fruit and vegetable sorter. The company first signed a three-month part-time labor contract with him, and agreed to work 3 and a half hours every afternoon, pay by the hour, and sign a labor contract after being qualified. After the epidemic occurred, the workload tripled. Zhao Jianjun took the initiative to work overtime for an hour and a half every day. Although the labor remuneration was high, the company did not mention "correction".
In addition, rotation training has become a new means of "unpaid trial work". On February 25, Zhang Jiale ended up to 8 months of rotation training, and finally stayed in the internal medicine ward. Last year, she went to work in a private hospital. The unit promised to 13 nurses including her that they would first take rotation training in more than 10 department wards such as internal medicine, general surgery, obstetrics and gynecology, etc., and sign labor contracts after they were appointed. "I thought that after signing the contract, the salary would be reimbursed to us. As a result, the hospital said that the employees were trained free of charge during the trial job. The trial worker did not bring profits to the company, so there was no labor compensation."
Recruiters, non-employers, high cost of trial work
In the eyes of many unpaid trial workers, enterprises adopting this method obtain unpriced or cheap labor through unpaid trial jobs. The reporter found that the company has another reason to do so.
"The people you recruited say that there is something wrong at home as soon as they live, and they push it clean when something happens." Colleagues often complain to Xiao Lan like this. As a manager of the human resources department of a logistics company in Liaoning, Xiao Lan felt very wronged.
Nowadays, the recruitment process of an enterprise is that each department puts forward the needs of personnel, the human resources department arranges the design of recruitment conditions, selects the best recruitment after the written interview, and evaluates whether the working ability is qualified during the trial period. "The content written by job seekers on their resumes is sometimes exaggerated and even concealed. Many posts do not see anything at all during the trial period of 3 to 6 months. After the regularization, the original form is exposed, and if you want to cancel the contract, the cost is too high. To pay compensation, you have to recruit people again. Unpaid probation is the smallest way for enterprises to lose. "Xiao Lan said helplessly.
There is already a trial period for companies and employees to choose from each other. Why not consider it?
The reporter learned that the probationary period is included in the labor contract period, and the wages of the laborers during the probationary period shall not be lower than the minimum wage of the same position in the unit or 80% of the wages agreed in the labor contract. According to the Labor Contract Law, if it is proved that the employment conditions are not met during the probation period, the employer may terminate the labor contract.
Zheng Hong, a judge in Shenyang City, told reporters that in judicial practice, companies often fail because most companies fail to prove that workers do not meet the conditions for hiring or fail to agree on the conditions for hiring in advance.
In another case, Hao Hongbin, general manager of Liaoning Bailian Talent Management Company, revealed that some job seekers are willing to negotiate unpaid trial jobs with employers. "These job seekers took leave from the unit to the new unit for trial jobs. Can the positions be competent and new colleagues? If you get along well, you can get an idea in a week. If you sign a labor contract, you need to cancel the contract with the "old owner" for the probation period. This will cost more. "
Do not find a reason for breaking the law, just find a way to improve
“Unpaid trial jobs are definitely illegal! Enterprises should not find reasons for 'illegal', but should think of ways to improve the employment system.” Zheng Hong said.
The Ministry of Human Resources and Social Security issued the “Notice on Matters Related to the Establishment of Labor Relations” in 2005, which stipulates that the employer has not entered into a written labor contract when recruiting workers. When the labor provided by the employer is an integral part of the employer ’s business, the labor relationship is established. Zheng Hong told reporters, "Once the two sides form a labor relationship, the company should pay the workers even if it is one day."
Xiao Lan also believes that the unpaid trial job is basically an imperfect trial system for enterprises, but it does not rule out that a few unscrupulous enterprises only want to use labor for free through this move.
"Unpaid trial jobs seem to save labor costs, in fact, increase the risk of employment." Hao Hongbin told reporters that manufacturing companies often take unpaid trial jobs for operators when recruiting, and do not sign labor contracts or pay work injuries. Insurance. Newly hired employees have a higher risk of work-related injuries due to unskilled skills. Once an industrial injury occurs, the enterprise will face huge compensation.
"Unpaid, leaving employees without a sense of belonging is not conducive to retaining talents." Hao Hongbin believes that companies should provide remuneration for laborers' contributions, so as to reflect the company's sincerity in recruitment.
Liu Xu