If the employee re-enters the original company, can the probation period be agreed again?


According to sichuan Workers’ Daily news, recently, Mr. Xu consulting meishan said that in November 2018, he joined a real estate sales company, signed a labor contract for three years, as a salesman.Later, he left the company for personal reasons in March 2021. In September 2021, the former company leader “poached” Mr. Xu back to the company to serve as a salesman due to performance requirements.When Mr. Xu prepared to sign the labor contract with the company, he found that the probation period was agreed in the labor contract.Mr. Xu asked, after the employee dimission, re-enter the original company can agree a probation period?According to Mr Xu’s problem, viewed from the sichuan Wang Yingzhan lawyer at a firm points out: the second paragraph of article 19 of the labor contract law stipulates clearly “the same unit of choose and employ persons and laborer may stipulate only one probation period”, at the same time in the Supreme People’s Court of civil trial is the first court to write “civil trial guidance and reference” total 44 concentrated judicial point of view is also recorded:In practice, there are differences on how to understand the stipulation in the labor contract law that “the same employer and the same worker can only agree on a probation period”.Some laborer removes with the unit perhaps after terminating labor contract and interval a certain number of time is used by the unit again, possible position and post produced change, below this kind of circumstance, if cannot agree probation period entirely, appear it seems that there is some unreasonable, reason to this regulation ought to proceed with understanding from its legislative original intention.Since the legislative intention of the labor contract law is to promote the establishment of stable labor contract relations between workers and employers, if the above provisions are not made, it is possible that some units intentionally sign contracts with workers for many times in a short period of time, and multiple probation periods are applied.Therefore, if unit of choose and employ persons is used continuously same worker is in same post perhaps the post that can substitute works, it is to extend labor contract deadline no matter or labor contract terminates, lie between when unit of choose and employ persons moves again wait, all should not agree probation separately.To sum up, Wang Yingzhan, a lawyer, believes that: For the problem of whether the probation period can be agreed upon after the employee dims, the employer can take a comprehensive consideration according to the length of the employee’s dims, whether the position to be reapplied for is the same as the original position, whether the employer’s labor environment has changed significantly and other factors.In fact, the employer can again “recall” the employee re-entry, in fact, is the ability of the employee, conduct and all aspects of recognition.The post that is engaged in like Mr Xu this kind is same as before, leave office time is shorter, unit of choose and employ persons also did not produce the circumstance of major change, unit of choose and employ persons should not agree probation separately.(Xiang Xiaowen, reporter of Sichuan Workers Daily) Statement: This article is reproduced for the purpose of passing on more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn

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