Is It Necessary To Try Again In The Renewal Of The Labor Contract?

　　 Brief introduction of the case:

Miss Li has been working as a sales company in A company and has achieved very good sales results. The two year labor contract signed by Miss Li and A will expire on October 2003. In September of the same year, the company's human resources department informed Miss Li: "because of your excellent work, the company decided to renew the labor contract with you.

At the same time, from next month, the company will be promoted to be your market leader. According to the company's regulations, the new staff must have a probationary period of six months. " Although the probationary period for half a year's renewal is somewhat inappropriate, Miss Li is very glad to hear that she has been promoted. She signed a new 3 year labor contract with the company and appointed a probation period for half a year.

It has never occurred to me that marketing is a good hand, but Miss Li has no role in the market and has not made any achievements. To make matters worse, several new product promotion organizations have also made mistakes.

So, miss A was in Miss Lee. Probation period The labor contract was terminate on the grounds that the performance was not in line with the employment conditions. In this regard, Miss Lee is not convinced, apply for labor arbitration.

　　 Case analysis:

The contract signed by Miss Li and A company in October 2003 is renewed. According to labour law "And" nineteenth regulations of the Shanghai labor contract Ordinance, " Labor contract Upon expiration, the labor contract can be renewed through consultation by the parties concerned. No probation period can be prescribed for renewal of labor contract. "

Therefore, regardless of the same Worker Whether the job is changed or not, the probation period can not be stipulated in the renewal of the labor contract. Therefore, A and Miss Lee agreed half a year's probation period is invalid. A company shall not terminate the labor contract with Miss Lee on the grounds of "unqualified performance during the probation period".

Editor: vivi