Study on the Improvement of the Legal Regulation on the Probation Period of the Labor Contract in China
|Keywords||probation period deficiencies legal regulation|
Probation period, not our own characteristic labor system, labor to agree on period of probation in the contract, is the practices of the international community. Labor contract period of probation is an important part of the labor contract system that states to labor contract reasonably and scientifically is the effective tool to balance the proper interests of labor relations between the parties. It is beneficial to choosing qualified toilers for employers, and offers an opportunity to understand and explore employing unit for workers. It finally realizes the double select between the employers and toilers, and has an important effect in establishing and running labor relations.But in the market system and the competition for living environment, the labor relations are not equal or equal relations. During the probation period, it is especially true, that employers often harm the lawful rights and interests of workers with their strong position misusing the probation period. Aiming at the existent question in the fulfillment, the probation period was re-stipulated by Labor Contract Law. To a certain extent, it made up for Labor Law relating to the provisions of the probation period. But in practice, there are still some problems in the application of the probation period. The deficiencies gradually exposed, and seriously affected their value and functions.Therefore, according to the legislative spirit of Labor Law and the practice of all kinds of complicated situation, the probation period to this area for study is very necessary. Providing an in-depth analysis and comparison to the probation period of current law rules in China, this paper tries to propose personal views to improve the system of the probation period.