What Is a Trainee Contract?

The probationary period system refers to a system in which administrative and public institutions respond to the junior colleges and technical secondary school graduates' job adjustment and assessment before they are transferred to the cadre establishment within the framework of the personnel system. When the probationary period expires, they should apply to their units or the local personnel department for corrections. Grading procedures, verifying the grading salary, and the "Regular grading table" are included in personal files. But it must be clear that the recruitment of college graduates and technical secondary school graduates must not agree on the probation period.

Probationary system

Our country has implemented the probationary system in the form of administrative regulations since the 1950s. For example, on October 4, 1981, the State Education Commission, the Planning Commission, and the Ministry of Labor and Personnel issued the "Measures for the Dispatch and Dispatch of Graduates of Higher Education Institutions", Article 26 of which states: "After graduates are assigned to work, a one-year apprenticeship is implemented. System. After the probationary period expires, it will be converted to a positive grade after passing the assessment of the unit. Those who fail the assessment may be extended for half a year to one year. Article 2 of the "Interim Measures for Graduate Apprenticeships of Colleges and Universities" issued on July 22, 1987 stipulates that: "In principle, after allocating work for college-based and junior college graduates, they must be assigned to grass-roots apprenticeships. The apprenticeship period is one year. Yes Those who have been engaged in practical work for one year before enrolling can be exempted from the apprenticeship period with the approval of their unit. Talents in some industries require more practical training and can be arranged after the probationary period has expired. " The probationary period is also a probationary period.

According to state regulations,

In fact, the system for the probationary period of graduates from colleges and technical secondary schools formulated by the former State Education Commission and the former Ministry of Labor and Personnel clearly targets graduates assigned by the state after graduation. The former Ministry of Labor's reply in 1996 also reiterated the question of the probationary period, but also aimed at college graduates who assigned jobs. Although the relevant state departments did not explicitly abolish the probationary period system, with the development of the market economy, our country has cancelled the planned economy system, and all enterprises no longer have the administrative nature and enjoy the administrative level. At the same time, the establishment of labor relations is also undergoing a change. The system of graduates and technical secondary school graduates from the state's work distribution has basically disappeared. Therefore, the system of graduates and technical secondary school graduates has also lost its footing and has already existed. At this stage in our country, the system of allocating work for college graduates has not been implemented, so the original probationary system has been largely inapplicable. The employment relationship established between graduates (workers) of colleges and technical colleges and enterprises through two-way choices such as market recruitment, their behaviors are adjusted by the current national labor laws and regulations safeguard policies, and employers should not use the probationary system as a reason to avoid regulations. Statutory obligations and responsibilities under labor law (broad). As of January 1, 2008, all enterprises in China that enter into labor contracts with workers must apply the national "

1. There is no provision for the probationary period in the Labor Contract Law. After checking the information online, I found that the probationary period is only for graduates who are assigned to work in the country. Now there is no probationary period when there is no assignment. Is that correct?

A: "There is no probationary period without a distribution problem now." This statement is true, at least for companies. The reason is that the original administrative documents (administrative regulations) that were the basis for the establishment of the probationary period system have lapsed. On March 24, 1997, the State Education Commission issued a new "Interim Provisions on Employment of Graduates from General Colleges and Universities," which has implemented " "Supply and demand meets and two-way choice", the original policy that stipulates the employment of college graduates is abolished at the same time. This is very obvious and has legal effects. At present, the employment of college graduates nationwide is implemented in accordance with the "Interim Provisions on the Employment of Graduates from General Colleges and Universities", and it is no longer possible to assign jobs to you in accordance with the provisions of the original planned economic period. At the same time, the National Labor Contract Law came into effect on January 1, 2008. To conclude a labor contract, an enterprise must act in accordance with the existing national legal provisions, otherwise it is illegal. It goes beyond the labor contract law to privately agree on matters that are not protected by law, and workers can also terminate the labor contract.

2. Then, since the regulatory documents (note the administrative regulations) as the original probationary period system have expired, why can public institutions implement the probationary period?

Answer: That's because the documents of public institutions for decades have been inherited. Recently, the national salary documents of public institutions, namely the documents issued by the Ministry of People's Republic of China [2006] 59, 95, 100, etc., still use the "trainee period". This title and name (and civil servants are not called "trainee period", the term "probation period" is used in the civil servant's salary document (Guo Ren Fa Fa [2006] 58)). However, it must be pointed out that the documents are valid only in the public institutions that have an administrative career sequence. It is impossible for an enterprise to apply the documents of an administrative institution that has been prepared by the government. Institutions are managed by the personnel department, while enterprises are managed by the labor department. In the current labor laws and administrative documents of the labor department, there is no longer a "probationary period".

3. "The probationary period is an examination before being converted into a national cadre." Is this correct?

Answer: This statement is correct. The reason is: the probationary system has never been aimed at only units with administrative nature (in the past, state-owned enterprises under the planned economic system also enjoyed administrative levels and administrative treatment). At present, the probationary period is only implemented in public institutions. Of course, when the term expires, the institution will report the administrative level to the local personnel bureau for graduates, such as clerk (tenth to fifteenth level), clerk (nine to fourteen), deputy director (nine to thirteen) Wait.

After the probationary period, the graduates of colleges and technical secondary schools who have been transferred to positive grades have the status of national cadres. If the relevant work needs to be changed, civil servants will go through the relevant procedures through transfer (relocation), and the public institutions will go through the transfer procedures according to the relevant personnel authority.

4. Does the postgraduate student system apply?

Answer: Yes. According to the still-effective Notice on Salary Treatment after Graduate and Assignment of Graduate Degrees for Doctoral and Doctoral Degrees (inquiries on the website of the Ministry of Labor and Social Security), graduate students do not implement the probationary period system. At present, the relevant documents of public institutions have followed this rule (the reason why the documents for the treatment of graduate students are still valid is that the probationary system is still implemented in public institutions and must be effective as an upstream regulation).

5. What is the current "employment system"?

Answer: In short, this system is not the other system. According to the spirit of the document on "Notice on Establishing Employment Apprenticeship System for College Graduates" issued jointly by the Ministry of Personnel and the Ministry of Education on March 22, 2006, the "employment apprenticeship system" is designed to help graduates who have returned to their hometown and have not yet employed a university. The policy for students to achieve employment is similar to the internship system. Relevant departments will organize college graduates who have no employment to participate in trainees at the base each year, and provide free employment services for graduates of trainees.