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Job applicants note: internship period ≠ probation period

Beijing Daily (Reporter Dai Lili) At the end of the year is a peak period for job-hunters and fresh graduates seeking employment. During this time, many people have reached an intent with the employers, entered the company, and started work as internships or trials. But whether it is an internship or a trial, there is a big difference. It involves different protection of rights and interests, and job seekers need to pay attention.

According to the relevant person in charge of the Municipal Human Resources and Social Security Bureau, the probation period is the time agreed upon between the employer and the newly recruited laborers to inspect and understand each other in the labor contract. Employers can inspect and understand whether workers meet the recruitment requirements and whether they can adapt to the work they perform. Workers can also know whether the labor conditions provided by the employer meet the standards agreed in the labor contract, and whether they can adapt to or be qualified for the positions and work tasks arranged by the employer. The internship period refers to a period of time in which students in the school fully integrate their theoretical knowledge and participate in social practice work to fully improve their overall quality and work adaptability. It helps students find a career that suits them in the future; or familiarizes them with the basic situation of the unit they will be employed in advance, giving them and the employer a chance to know and understand each other.

The internship and probationary parties have different identities. Only those who are in the probationary period can work and the students in the internship period. Therefore, fresh graduates in 2020, if they entered the company before graduating next year, are generally not considered to be labor relations, and they may not pay social insurance or fulfill the minimum wage requirement. However, non-school students are no longer interns, and the company can set a trial period for them. During the probation period, the unit and the laborer shall perform the obligation to pay social security expenses together.

Some people may think that the probation period is up to the unit. Earlier, some netizens reported that their trial period had passed more than half a year, but they were told by the unit to try it for another 3 months. In fact, this employer has violated the relevant provisions of the probation period. According to regulations, a probation period cannot be set for a labor contract of less than 3 months; a probation period cannot exceed 1 month for a labor contract of less than 1 year, and a probation period cannot exceed 2 months and 3 years for a labor contract of more than 1 year. For the above fixed-term and non-fixed-term labor contracts, the probation period cannot exceed 6 months. And the same unit and the same worker can only agree on a probation period once.

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