用人单位能否在劳动者试用期满后签订劳动合同？

Can the employer sign the labor contract with the employee after the expiration of the probationary period?

用人单位在试用期满后与劳动者签订劳动合同，是否合法？

Is it legal for the employer to sign the labor contract with the employee after the expiration of the probationary period?

2022.07.14

与员工签订3年劳动合同，试用期能否从约2个月延长至6个月？

Can the probationary period be extended from two months to six months if the labor contract signed with the employee has a term of three years?

公司与北京、上海地区员工签订了三年劳动合同，约定2个月试用期。现觉得部分员工表现不佳，希望将试用期延长至6个月，是否可行？

The company has signed a three-year labor contract with employees in Beijing and Shanghai regions, with a probationary period of two months. However, the company feels that the performance of some employees is subpar and therefore wants to extend their probationary period to six months. Is it feasible to do so?

2022.06.16

离职后再入职，是否可以重新约定试用期？

Can another probationary period be specified if an employee re-joins the company after separation?

实务中，员工离职后再入职的，能否重新约定试用期？什么情况下能重新约定试用期？

In practice, can another probationary period be specified if an employee re-joins the company after separation? Under what circumstances can the probationary period be specified again?

2022.06.09

劳资双方未签书面劳动合同，应当如何确定试用期？

How to determine the probationary period if no written labor contract is signed between the employer and the employee?

用人单位与劳动者既无书面劳动合同又无其他证据证明有试用期约定的，司法实践中应当如何确定试用期？

How shall the probationary period be determined in judicial practice when there is neither a written labor contract between the employer and the employee nor other evidence of an agreed probationary period?

2022.04.28

员工再次入职，试用期该如何约定？

How should the probationary period be agreed when the employee is rehired?

员工第一次入职时约定了6个月试用期，但入职1个月即离职；离职半年后，再次入职相同岗位，第二次入职时可否再次约定试用期？如可以，是可以重新约定6个月，还是5个月？

When the employee first joined the company, a six-month probationary period was agreed, but he resigned after 1 month. The employee retook the same post six months after the resignation. Is it legal to agree on another probationary period at the second entry? If yes, is 6 months or 5 months appropriate?

2022.03.31

如何界定劳动者试用期的起算点？

How should the starting point of the employee’s probationary period be defined?

实践中，当实际用工时间和订立劳动合同的时间不一致时，如何界定劳动者试用期的起算点？

In practice, if the actual employment time is inconsistent with the conclusion time of the labor contract, how should the starting point of the employee’s probationary period be defined?

2022.02.10

拿不出证件被解雇，构成违法解除吗？

Does it constitute an illegal termination if an employee is dismissed for failing to provide work permit?

用人单位与劳动者只约定试用期，未约定劳动合同期限，用人单位能否以劳动者无焊工证，不符合用工条件为由解除劳动合同？

Where the employer and the employee only agreed on the probationary period rather than the term of the labor contract, can the employer terminate the labor contract on the grounds that the employee has no welder’s certificate and fails to meet the employment conditions?

2022.01.13

约定试用期三个月，能否再延长？

Can the agreed probationary period with employee be extended anew?

公司与员工签订三年合同，约定三个月试用期，如需要再进一步考察员工，公司能否将试用期再延长三个月？

If an employer has signed a three-year contract with an employee with an agreement on a three-month probationary period but it now needs to further examine the employee, can it extend the probationary period by another three months?

2021.11.04

如何理解“同一用人单位与同一劳动者只能约定一次试用期”?

How should “the same employer can impose only one probationary period on the same employee” be construed?

如何理解《劳动合同法》有关“同一用人单位与同一劳动者只能约定一次试用期”的规定？

How should the provision of the Labor Contract Law that "the same employer can impose only one probationary period on the same employee” be construed?

2020.12.17

再婚员工有婚假吗?

Are remarried employees eligible for marriage leave?

试用期员工可以享受婚假吗？再婚员工呢？

Are employees on probation eligible for marriage leave? What about remarried employees?

2020.08.26

返聘离职员工，工龄和试用期怎么办?

How should the length of service and probation period be determined for rehiring separated employees?

返聘离职人员，工龄要重新算吗，能否重新约定试用期？

Should the length of service be recalculated and can we specify another probationary period if we hire separated employees?

2020.08.13

“试用期内”解雇，需要支付赔偿金吗?

Does the company need to pay compensation for dismissal during the probationary period?

本案争议焦点在于，公司以李某不符合录用条件为由解除劳动关系是否符合法律规定。

The dispute focus of this case lies in whether the termination of labor relation by the company on the grounds that Li did not meet the employment conditions is in compliance with the law.

2020.07.29

在试用期内解除劳动合同是否应该支付经济补偿?

Should financial compensation be paid for the termination of the labor contract during the probation period?

本案的争议焦点是劳动者在试用期期间因患病，在规定的医疗期满后不能从事原工作，也不能从事由用人单位另行安排的工作，用人单位与其解除劳动合同是否应该支付经济补偿。

The focus of the dispute in this case is whether the employer should pay economic compensation for the termination of the labor contract if the employee is sick during the probation period and can engage neither in his original work nor in other work arranged by the Employer upon the expiration of the probation period.

2020.04.02

新员工在试用期内休病假一个月，试用期是否可以延长?

If a new recruit take a sick leave of one month during the probationary period, can it be extended?

公司与员工约定两个月试用期，期间员工休病假一个月，试用期是否可以延长？

The company and the employee agreed on a two-month probationary period. During the probation, the employee takes a sick leave of one month. Can the probationary period be extended?

2019.09.26

升职加薪后，该不该有试用期?

Should there be a probationary period following promotion and pay raise?

近日，公司提拔为部门负责人，工资待遇也有大幅度增加，公司要求约定试用3个月，合理吗？

Recently, the company has promoted a department head, and greatly raised the pay. Is it reasonable for the company to require a three-month probation?

2019.08.22