Programmers can read the new law and dare to ask the company "who is afraid of who" (2)

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Increased recruitment costs lead to increased trial pressure

Article 3 of the new Labor Law stipulates the relationship between the probation period and the labor contract.

 

Labor Contract Term	Labor Contract for less than 3 months and for the completion of certain work periods	3 months or more less than 1 year	1 year or more is three years old	Labor contracts with no fixed term and no fixed term for more than three years
Trial Period	0	No more than 1 month	No more than 2 months	No more than 6 months

After the implementation of the new law, enterprises have only two choices, either to control the trial period within one month, and then sign a one-year or shorter labor contract (please be satisfied, two renewals are automatically converted into non-fixed-period contracts), or a three-month trial, and then a three-year or no fixed-period labor contract is signed with the employee.

 

The direct consequence of the above law is that all enterprises will evaluate employees during the trial period in a more rigorous manner, and the pressure on employees during the trial period increases. This will also lead to a vicious circle (if you cannot get a trial period, you can find a new job, and you cannot get a trial period), severely cracking the confidence of the workers.

 

LEO:

 

Programmer countermeasure-find the right job, not the best job

We don't want to wear one of the world's largest shoes. We choose the best shoes. This is also true for finding a job. It is good to enter the top 500, but it depends on whether it is suitable for us.

Careful job hopping (this is also one of the original intentions of the Labor Law). You have to select a company or position that matches your abilities and resources. Do not apply for a position that is obviously not competent. Even if you are an employee, you may leave your job because your competency does not meet the company's requirements. An unstable high salary is not as cost-effective as a stable mid-shift salary.

At the same time, programmers should pay special attention to the relationship between the probation period and the labor contract to protect their rights and interests from infringement.

 

No fixed period contract is not a safe deposit box

In the past, many people thought that as long as they have been working in an enterprise for 10 years, even if they have signed a non-fixed-period labor contract, they will have taken the "iron rice bowl ". After the implementation of the new Labor Law, the requirements for the signing of non-fixed-period contracts are greatly reduced. Article 4 of the new law on non-fixed-period labor refer to the conditions for the signing of non-fixed-period labor contracts:

1. Those who have been working in the employer for 10 consecutive years;

2. When the employer implements the labor contract system for the first time or reestablishes a labor contract after the restructuring of a state-owned enterprise, the worker shall continue to work in the employer for ten years and be less than ten years from the statutory retirement age;

3. Establish a second fixed-term labor contract;

4. If the employer does not enter into a written labor contract with the employee for one year from the date of employment, it is deemed that the employer and the employee have entered into a labor contract without a fixed term.

 

If the preceding conditions are met, the employee can sign a non-fixed-period labor contract with the enterprise. Is it easier to pick up the "Rice Bowl?

If all the state-owned enterprises have been restructured, we should not think so. Even if no fixed labor contract is signed, there is no so-called safe deposit box.

 

There are at least three methods for enterprises to "deal with" employees without fixed-period contracts:

1. If the employee's performance is not up to standard, the employee will be deemed to be incapable of performing the work. Then, the employee will be trained on the front-end knowledge and ask the employee to work at the front-end. If the latter is unwilling, the employee is still not competent after being trained or adjusted. After completing the preceding steps, the enterprise shall notify the worker 30 days in advance of the provisions of Article 40th of the new law (where the worker is not competent for the work, and the employee is still not competent after training or job adjustment, to terminate the contract;

2. If there is no work arrangement for the worker after the business adjustment, a major change may be made in accordance with article 40, section 3rd (the objective circumstances on which the labor contract is established are subject to, resulting in the failure to perform the labor contract, if the employer fails to reach an agreement on the change to the content of the labor contract through consultation with the laborer, the amount may be 5th in accordance with article 45;

3. If the company goes bankrupt, the termination of the labor relationship shall be deemed as per article 45 of 5th (where the employer is revoked its business license, ordered to close, abolished, or the employer decides to disband it in advance.

 

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Labor Contract Law of the People's Republic of China

Programmers can read the new law and dare to ask the company "who is afraid of who" (1)

Programmers can read the new law and dare to ask the company "who is afraid of who" (2)

Programmers can read the new law and dare to ask the company "who is afraid of who" (3)

Career Development Consultant Leo