Criminal defense lawyer

During the internship period, the salary of employees shall not be lower than 80% of the same position salary of the employer or 80% of the salary agreed in the labor contract, nor shall it be lower than the salary standard of the employer's location. For more related knowledge about how probationary wages are regulated in the Labor Contract Law, the Legal Express editor will answer this question for you below.

How does the Labor Contract Law stipulate probationary wages? Changchun Criminal Lawyer

During the probationary period, the salary of employees shall not be lower than 80% of the salary for the same position or 80% of the salary stipulated in the labor contract, and shall not be lower than the salary standard for the position where the employer is located.

According to Article 20 of the Labor Contract Law, the salary of an employee during the probation period shall not be lower than 80% of the salary for the same position or the salary stipulated in the labor contract, nor shall it be lower than the wage standard of the employer's location.

How long can the maximum internship duration be set?

Within the term of the labor contract, the probationary period refers to the period during which the employer assesses whether the employee is qualified based on their performance, that is, the period during which the employer assesses whether their salary, working conditions, and other content meet their own requirements. Therefore, the probationary period can be seen as a two-way choice of time.

According to Chinese laws and regulations, a probationary period is not mandatory to be agreed upon. Employees and employers can directly sign a labor contract without a probationary period agreed upon. However, if the labor contract only includes a probationary period, the agreement is invalid, and the labor contract should be considered as a labor contract without a probationary period. The probation period is not unlimited, especially the term of the labor contract is three months to one year, and the probation period cannot exceed one month. The probationary period for a labor contract of one to three years shall not exceed two months. Non fixed term labor contracts and labor contracts with a probationary period of no more than six months and a minimum of three years.

Consultation on legal issues during the internship.

I have been working at the company for over 3 months now, and it's finally been over! I thought my salary would increase after the probation period, but when I signed the contract, I realized that my salary had not increased at all. Is there any legal basis for that?

A: 1. There are clear regulations on probationary salary. According to Article 20 of the Labor Contract Law of the People's Republic of China, the salary of an employee during the probationary period shall not be lower than 80% of the salary for the same position or the salary stipulated in the labor contract, nor shall it be lower than the wage standard of the employer's location. Changchun Criminal Lawyer

The salary after becoming a regular employee is determined through negotiation between the employee and the employer, which is not regulated by law. But some provisions are not clear and may cause disputes. According to Article 18 of the Labor Contract Law of the People's Republic of China, if a dispute arises due to unclear provisions on remuneration, working conditions, and other contents in a labor contract, it shall be resolved through negotiation between the employer and the employee; If the negotiation fails, the collective contract shall apply; If there is no collective contract or the collective contract does not specify remuneration, equal pay for equal work shall apply; If there is no collective contract or if the collective contract does not specify labor conditions and other standards, national regulations shall apply.

So, as long as the wage stipulated in the labor contract is not lower than the wage standard of the employer's location, then this clause is reasonable. I hope to receive a salary increase after becoming a regular employee, and I can negotiate with the employer. Changchun Criminal Lawyer