Is There No Sick Leave During The Probationary Period? Wrong! It'S Against The Law!

Ms. Zhang: I am a fresh college graduate. I have signed a labor contract with a company. During the probation period, I do not include sick leave, leave, marriage and funeral and maternity leave during the probation period. Excuse me, is this legal?

Lawyer: your company's practice is against the law. According to the second article of the labor contract law, organizations such as enterprises, individual economic organizations and private non enterprise units in People's Republic of China are established with laborers. Labor relations To conclude, perform, alter, rescind or terminate Labor contract This law is applicable.

On any day during the probation period, the laborers have already established labor relations with the employer, so the employees' sick leave, marriage and funeral leave should be pressed according to the " Labor Contract Law "Implementation.

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If you quit job hopping, can you get the year-end bonus at the end of the year? I believe many professionals are concerned about such a problem. Recently, hailing court in Jiangsu accepted a case that the employee asked for the year-end award.

At the beginning of last year, Mr. Zhou was hired to work in a certain unit. In August, he resigned to the unit for personal reasons. Mr. Zhou believed that he worked in the unit for 8 months, and worked hard during his work. He often worked overtime and worked hard to finish the task. According to the usual practice of giving year-end bonus, the annual bonus should be given to him for at least half a year. He consulted with the unit, and the unit did not agree.

Mr. Zhou applied for arbitration to the Taizhou labor and personnel dispute arbitration committee and was ruled not to support it. Mr. Zhou refused to accept the case and filed a lawsuit against Hailing court. After the official interpretation of the law, Mr. Zhou withdrew his indictment.

Why did Mr. Zhou fail to get the year-end bonus? The judge said that there is no mandatory provision in the labor law of China concerning the year-end bonus. As the name suggests, the year-end bonus is different from the general salary. It is the special salary paid by the employing units according to the benefits gained in one year and the performance, contribution and performance of the employees. When the year-end bonus is issued, the employer has the autonomy, and the conditions and standards for the issuance are also decided by the employer.

Since the law does not specify the year-end bonus, then under what circumstances can employees be able to advocate year-end awards to employers? The judge said that for the year-end awards, workers are not entitled to no claim at all. The key is to see the following two points: first, there is no definite agreement on the year-end bonus. If there is a contract in the contract, if the employer does not issue or issue less, the employee can sue to the court in accordance with the conditions of payment. Two, there is no time limit in the labor contract and whether the employer has any corresponding rules and regulations. If the conditions and standards for the year-end bonus are clearly stipulated in the rules and regulations, if the workers meet the conditions of payment, they may also sue if they do not send or sell less.