[Objective] the probation period is included in the term of the labor contract, the labor relations in informal state, unit of choose and employ persons eligibility assessment, whether workers in line with their own requirements for assessment period for the employer, this is a two-way choice of performance of both sides. In the course of employment, the understanding of the trial period of existence of errors, such as what kind of jobs need to stipulate the probation period, the probation period agreed long, as to what problems refer to set a probation period, the probation period to pay labor remuneration, and both sides of the trial period generally do not pay enough attention, making the relevant agreement the probation period in practice confusion. In order to protect the legitimate rights and interests of laborers and avoid the risk of employment, the labor contract law has made targeted provisions for a series of problems in the trial operation, providing legal protection for the employers and employees in the probation period. 1. How does the probation period stipulated in the labor contract stipulate? Answer: the probation period is determined according to the duration of the labor contract, and the maximum period of probation is not more than 6 months. (1) 3 months less than the labor contract period less than 1 years, the probation period is 1 months; (2) 1 years less than the labor contract period less than 3 years, the probation period is 2 months; (3) the term of the labor contract is more than 3 years, the probation period is 6 months [legal basis] "The provisions of the first paragraph of article nineteenth of the labor contract law": "the term of the labor contract for more than three months but less than one year, the probation period may not exceed one month; the term of the labor contract for more than one year and less than three years, the probation period shall not exceed two months; more than three years of fixed term and non fixed term labor contract, the probation period shall not exceed six months." 2. What are the restrictions on the number of times the probation period is agreed by employers and workers? Answer: the employer and the employee can only stipulate a probation period, that is to say, if the worker and the employer have a probation period, the employee turnover from the employer and the new employer to establish labor relations, the labor and the new employer still agreed the probation period. [legal basis] "Labor contract law" nineteenth article second paragraph stipulates: "the same employer and the same laborer can only have one trial period." 3. What are the cases of the probation period stipulated by the law? Answer: in order to complete a certain work task for a period of labor contract, labor contract period of less than three months, non full-time employment may not be agreed on the probation period. [legal basis] The third clause of the nineteenth clause of the labor contract law stipulates: "a labor contract with a deadline for completion of certain tasks or a labor contract with a term of less than three months shall not be appointed for a probationary period." "Labor contract law" seventieth provisions: "non full-time employment parties may not agree on the probation period." 4, the labor contract only agreed to the probation period, the probation period can be established? Answer: the probationary period is included in the labor contract period, and the labor contract does not stipulate the time limit. It is impossible to confirm the probation period. Therefore, the labor contract only stipulates the probation period, and the probationary period is not valid. The term will be regarded as the term of the labor contract. [legal basis] The nineteenth article of the labor contract law stipulates that "the probation period is included in the period of the labor contract." If the labor contract only stipulates the probation period, the probation period is not established, and the term is the term of the labor contract. " 5. How are the wages of the workers determined during the period of the probation period? Answer: the wage standard of laborers during the probation period should satisfy two conditions at the same time: first, they must not be lower than the lowest wage in the same position of the unit or the 80% of the wage stipulated in the labor contract; two, they must not be lower than the minimum wage standard of the employing unit. That is to say, in order to meet the above two conditions, the wage of the probationary period should be determined by the higher standard of wage remuneration. [legal basis] The twentieth provision of the labor contract law stipulates: "the wages of labourers in the probation period should not be lower than the lowest wage of the same posts or eighty percent of the wage stipulated in the labor contract, and shall not be lower than the minimum wage standard of the employing units." 6. In the period of probation, how does the labor contract or the employer put forward the labor contract? Answer: 1, workers put forward the release: workers in the probation period of three days in advance to notify the employer, the labor contract can be relieved. 2, the employer shall lift the lifting: during the probation period, except for the worker's thirty-ninth and fortieth first and second provisions, the employer shall not terminate the labor contract. If the employer dissolves the labor contract in the probation period, the worker shall explain the reason to the worker. [legal basis] "Labor contract law" thirty-seventh provisions: "workers in the probation period of three days prior to the employer to notify the employer, the labor contract can be relieved. The twenty-first provision of the labor contract law stipulates: "during the probation period, the employer shall not terminate the labor contract except laborers who have thirty-ninth or fortieth items in the first law and second regulations. If the employer dissolves the labor contract in the probation period, the worker shall explain the reason to the worker. "Labor contract law" thirty-ninth stipulates: "workers have one of the following cases, the employer may terminate the labor contract: (1) when it is proved that it is not in conformity with the conditions of employment during the trial period; (two) the rules and regulations of the employer are violated seriously; (three) a serious dereliction of duty, corruption, to the employer