Probation period, the first week without pay. Is it legal?

The probation period is also within the scope of the labor contract. At least it must meet the "minimum wage standard", otherwise it is illegal.

Of course, you can complain to the labor bureau.

Please refer to the following commercial cooperation agreement.

Chapter I General Provisions

Article 1 Scope of application: determination of labor relations in the commercial field.

Chapter II Trade Union Rights (omitted)

Chapter III Labor Contract

Section 1 Composition and Performance of the Contract

Article 7 Mode and duration of contract: the contract shall be signed in writing; The deadline is uncertain.

Article 8 Employment and reemployment

Employees should be recruited according to relevant laws and regulations. The employing unit shall issue a recruitment notice, explaining the relevant situation and professional level of the post to be recruited. According to the provisions of the labor law, long-term or short-term employees can be recruited.

-Long-term employees: the employee's contract has no time limit;

-Seasonal workers: regular recruitment every year according to climate change or production season;

-Temporary workers: temporary workers recruited because of the surge in business volume or urgent work to deal with.

In either case, both parties should sign a written contract, which includes: employee identity; Date of signing the contract; Professional level; Basic salary of employees; Working conditions and time limit.

The hired workers should be given priority by the employer in the next recruitment.

Article 9 Probation period

All employees should go through a probation period in order to let the employer know whether he is qualified for the position he applied for.

The probation period for employees with monthly salary system is as follows:

—— Ordinary employees, with a term of 1 month, which can be extended 1 time;

-The term of office of the general manager is 3 months, which can be extended 1 time;

-The term for cadres and senior managers is six months, which cannot be extended.

The probation period for hourly workers is 8 days, which can be extended by 1 time.

During the probation period, both parties have the right to terminate the contract without prior notice to the other party and will not be liable for compensation. Except for paid vacations. During the probation period, the employee's salary standard should be the minimum standard of the industry and post.

The probation period is recorded in the length of service and is applicable to promotion and annual leave.

Article 10 signing a formal contract

If the employer decides to hire employees after the probation period expires, both parties shall sign a formal labor contract in duplicate, and the agreement shall specify the level and position of employees in detail, with each employee holding one copy.

Before the end of the probation period, according to the application needs and the requirements of the employer, the employee should issue a certificate of no criminal record for at least three months, a housing statement, a birth certificate, a medical certificate and a previous work certificate.

Article 1 1 Modification of contract terms

If the employer changes the terms of the labor contract, it shall notify the employee in writing in advance.

If the employee's vital interests are reduced due to the change of the labor contract, and it is not accepted by the employee, it shall be regarded as the dismissal caused by the employer.

Article 12 Changing jobs-low positions-temporarily replacing high positions.

The employer requires that the employee's post is lower than his original post, and his original salary and grade should remain unchanged. If it is finalized, the employer shall consult with the employee representative.

If an employee temporarily represents a higher position, he will not automatically enjoy the salary and welfare benefits of the new position. Except accounting personnel. The term of the temporary agency shall not exceed 2 years.

If the term of office exceeds 2 years, the employing unit shall: determine the level of the laborer according to the new post or require him to return to his original post.

Due to illness or vacation, the employer can extend the agency period, but from the third month, employees can enjoy the difference between the basic salary of the agency post and the original post salary. Other welfare benefits other than seniority wages shall be determined by both parties through consultation.

When pregnant women change jobs, their wages remain unchanged.

the second part

Article 13 Termination of Labor Contract

Employees have the right to take a vacation when they are diagnosed by recognized doctors as suffering from diseases and unable to work normally.

When employees apply for sick leave or extend sick leave, they should see an approved doctor (and submit the medical certificate and leave slip issued by the doctor to the employer). The employer may ask the doctor of the unit to review the condition.

The maximum duration of sick leave is 6 months. After this time, employers can fire and recruit new employees.

The specific procedures are as follows:

If the employee is diagnosed by the company within 48 hours, there is no need to go through other formalities.

Except for force majeure, the employee shall notify the employer within 72 hours after the accident or illness occurs. Submit relevant medical certificates to the employer within six days at most from the date of resignation.

Article 14 Allowance for Sick Employees

Article 43 of the Labor Law stipulates that if a worker is sick for more than 6 months, the labor contract will be terminated. If it does not exceed 6 months, the contract is only temporarily suspended, not terminated.

During the employee's resignation, the employer may recruit temporary employees to take over their posts.

During the termination of the labor contract due to illness or accidents, employees shall enjoy subsidies according to the following conditions:

-The employee shall notify the employer within 72 hours after the illness is confirmed by an approved doctor. Except for force majeure, the specific subsidies are as follows:

-Job dissatisfaction 1 year: 1 monthly salary.

-1 to 5 years: 1 full monthly salary plus 3 and a half months' salary.

-5 to 10 year: two full-month wages plus three and a half months' wages.

-/kloc-more than 0/0 year: three full-month salary plus three and a half months salary.

At the end of sick leave, upon examination, the employee's physical condition:

-If he recovers and can do his original job, he can be arranged to continue to do his original job;

-If his physical fitness declines, he shall be arranged to do other suitable jobs and enjoy the salary and welfare benefits of the new post;

-If the employee is proved to be incapacitated, the employee will be dismissed according to relevant regulations. According to the provisions of Article 44 of the Labor Law, the employer shall give certain compensation to the workers.

[Article 44 of the Labor Law stipulates that the compensation for dismissal due to illness is: job dissatisfaction 1 year: half a month's salary; 1 to 5 years: 1 monthly salary; More than 5 years: 2 months' salary. ]

Article 15 industrial injuries and occupational diseases

This agreement refers to "industrial injuries and occupational diseases" as stipulated in local laws or labor contracts.

During the period from work injury to recovery, the contract is temporarily suspended. If an employee can't continue to work after being injured, the employer can help him find another suitable job. During the treatment of work-related injuries, the employer shall give the employees certain subsidies: equivalent to their previous salary level, excluding overtime pay, and deduct the social insurance premiums that should be paid.

Section 3 Termination of Labor Contract

16 mode

The party that terminates the contract must notify the other party in writing and explain the reasons.

The notice time limit is stipulated in the next article and applies to permanent employees, temporary employees and seasonal employees.

Article 17 notice period

The minimum period for the employer to notify the employee in advance to terminate the contract: full-time employees paid by the hour: 15 days; Employees with monthly salary: 1 month; Manager, cadre or manager at the same level: 3 months.

After the notice is issued, the dismissed person can go out to look for a job for two days a week (or two hours a day), and the employer must pay him full salary. The specific time of going out should be agreed by both parties to the contract.

According to Article 36 of the Labor Law, if an employee makes a serious mistake, the employer can dismiss him immediately without complying with the requirement of prior notice, but the relevant judicial organs reserve the right to judge the seriousness of the mistake.

If the employer terminates the contract at will, causing losses to one party, the relevant judicial institutions will investigate the reasons and consequences of the termination of the contract and make a compensation judgment.

Article 18 Notice before taking leave

If one party wants to terminate the contract before taking a vacation, the proposing party shall notify the other party 15 working days in advance.

In case of failure to comply with the above provisions, the proposer shall compensate for the failure to notify in advance in the following ways:

Employee compensation paid by the hour 15 days' salary. Employees who receive monthly salary shall be compensated 1 month salary.

For managers and cadres, compensation for 3 months' salary.

Article 19 Notice of Advance Compensation

By compensating the other party, both parties can be exempted from the responsibility of advance notice, and the total amount of compensation should be consistent with the total wages and various benefits that employees who work in advance can get within the period of advance notice.

More than half of the notice period for dismissal has passed. After providing all necessary and reasonable proofs to employers, employees looking for new jobs can leave the company before the notice period expires without any compensation.

Article 20 The employee terminates the contract due to illness.

Employees whose contracts are temporarily suspended due to illness as stipulated in Article 13 of this Law cannot continue their original jobs after the expiration of sick leave. After notifying the employee to terminate the labor contract by registered mail, the employer may employ other personnel to replace the employee.

In any case, if the contract is terminated due to illness, the employee who has worked for 65,438+0 years is entitled to a subsidy, the amount of which is equivalent to the severance payment and not less than 65,438+0 months' salary.

Article 2 1 Collective dismissal (omitted)

Article 22 Compensation for dismissal

The dismissed employees who have worked in the enterprise for 1 year have the right to receive dismissal compensation without prior notice.

Dismissal compensation is calculated according to the length of service and a certain proportion of the total monthly average salary before dismissal.

Total wages refer to all remuneration for work except repayment of debts.

Compensation should be divided according to the length of service and calculated according to the following proportion:

-Within five years, the working years should be multiplied by 35% of the total average monthly salary;

-6 to 10 years, working years multiplied by 40% of the total monthly average salary;

-10, 50% of the total average monthly salary.

Upon confirmation by the judicial authorities, the employer does not need to pay compensation if the employee terminates the labor contract due to serious fault.

Article 23 Death of an employee

When an employee dies, the employer shall hand over all kinds of benefits (unpaid leave and various subsidies) that the employee should enjoy after deducting the loan or advance payment to his legal heir (issue relevant certificates). If the employee has worked for one year, the employer should pay compensation equivalent to dismissing the employee to his successor.

If an employee dies while working in a different place, the employer shall be responsible for the expenses of transporting the deceased to the employee's hometown if the heir of the deceased requests it within 2 years. If the deceased dies in the line of duty, the employer should provide at least 80 thousand shillings for funeral expenses; If the deceased is a retired employee, the employer should provide at least 50,000 shillings for funeral expenses.

Chapter IV Remuneration and Grade

Section 1 Wages

Article 24 General provisions

The salary of each employee is determined according to the work provided by the enterprise. Wages are divided into hourly wages, daily wages and monthly wages.

In order to obtain good benefits, the employer has the right to decide the way to pay wages.

Article 25 Remuneration

Under the same conditions, the same technology and the same value, all employees, regardless of nationality, gender, age and status, are paid equally. See the annex to this agreement for the salary table.

Article 26 Promotion

Enterprises should give priority to recruiting employees who are on the job, skilled in professional skills or have gained rich work experience when creating new positions. Candidates can try out after being selected.

If the probation fails, the applicant can return to his original post. Returning to the original job should not be regarded as demotion.

If the employer thinks that there is no suitable candidate from the existing employees, it can recruit a foreigner for the enterprise.

Article 27 Part-time jobs

If an employee often engages in jobs with different salaries, he will enjoy the highest salary in the job.

Article 28 Total wages

Every time you pay a salary, you have to pay an employee's personal payroll.

The salary table should indicate the subject, professional level and type of work of the salary.

Section 2 Remuneration and Various Allowances

Article 29 overtime pay

Overtime refers to working hours outside legal working hours. Overtime wages are calculated as follows:

1) Work overtime during the day

According to the current regulations, overtime pay is calculated on a weekly basis with reference to the following provisions:

-From 4th1hour to 48th hour, 15% of hourly wage.

-35% of the hourly wage for the 48th hour or above.

-60% of hourly wage on Sundays and holidays.

2) Working overtime at night

60% of the hourly wage on a normal working day.

-Holidays, 100% hourly wage.

The hourly wage is calculated by dividing the monthly basic wage by 173.3.

In addition to other bonuses and subsidies, the basic monthly salary or basic level salary may be increased due to the nature of the employee's position or the special skills of the employee.

Overtime wages shall be paid within one month after the month of overtime.

Article 30 Continuous work

Enterprises do not stop work, divided into four classes. Work six hours a day. If you work for 7 consecutive days, you can enjoy 1 overtime pay (overtime pay is calculated at 60% of hourly wage). Employees who can rest 1 day a week do not enjoy this special reward.

3 1 travel allowance

When employees need to leave their habitual residence to travel abroad, and the expenses increase, they shall enjoy the following standard travel allowance:

-1 get a basic salary of 3 times the hourly wage as compensation for eating out;

-If you dine out twice, you will get five times the basic hourly wage as compensation;

-Dine out twice and stay overnight, and get 10 times the basic hourly salary as compensation.

Manage the reimbursement of travel expenses of cadres.

If the employer provides accommodation, the employees shall not enjoy subsidies.

If the employee has worked outside for more than 6 months, the employee may ask his family to live with him, and the expenses shall be borne by the employer. If the employer provides free housing for employees and their families, employees will no longer enjoy the travel allowance.

Thirty-third seniority wages

Employees who work continuously in the enterprise can enjoy seniority salary.

The following conditions do not affect the length of calculation time: absence from work due to illness for less than 6 months; Absence due to work-related injury or occupational disease; Women take maternity leave; Strike in compliance with relevant regulations; Paid vacation.

The calculation of seniority salary refers to the following standards:

—— Having worked for 2 years, and the seniority salary is 2% of the basic salary;

-Starting from the third year, the annual increase of seniority salary is 65438+ 0% of the basic salary at this level.

Article 34: 65438+March salary and bonus

1, 65438+ March salary

If he has been working continuously for 12 months (without annual leave) and still works on February 3, 654381day, the employer shall pay the employee 13 months' salary (i.e. 12 months' basic salary) in addition to the length of service.

2. Bonus: In addition to the salary of 65438+March, the employer may give other bonuses to employees (such as year-end bonus and attendance bonus).

Chapter V Working Conditions

Article 36 Working hours

Enterprises can work hours according to the current regulations and the actual situation of the enterprise.

Article 37 Collective suspension of work

In case of collective stoppage due to accidents, force majeure or bad weather, the delayed time will be remedied according to the existing regulations. As long as employees obey the arrangement of the enterprise manager or his representative, they should get the normal basic salary even if they don't actually have a job.

Article 38 Holidays

The current law clearly stipulates holidays and paid vacations.

Pay remuneration to employees under the following circumstances:

The legal May Day holiday happens to be the normal working day of the enterprise.

Or under the following circumstances, Party B fails to pay overtime pay at 8 times of Party A's effective hourly wage:

-the day is half a working day.

-No work that day.

These regulations also apply to the holidays listed during unemployment.

The following employees are not paid in the following cases:

Can't normally complete the work of the day before and the day after the festival.

According to the relevant provisions in the current law or the Regulations to make up for the loss of collective working hours, the employer has the right to take back paid leave.

Article 39 Women and minors

The working conditions of female and/kloc-employees under 0/8 years old shall comply with relevant laws and regulations.

Employers should consider the situation of pregnant women and cannot dismiss them on this ground.

If the doctor advises a pregnant woman to change jobs, her salary level will remain unchanged.

Article 40 Vacation

holiday

Employees enjoy paid holidays within the scope of existing laws and regulations. Paid leave is considered as valid working hours:

-Internship training, vocational further study or study tour organized by enterprises.

Article 4 1

Even if the service time is less than six months, workers can take time off for family affairs. The approved personal leave will not affect the annual leave and salary income of employees.

Death of spouse, death of immediate family member -4 days

-Brother or sister dies. -2 days

-Children or siblings get married-1 day

-My husband or mother-in-law died.-Three days

-Workers marry themselves.-Three days

-Family delivery. -2 days

-Baptism-1 day

-Move-1 day

Except for force majeure, all leave permits should be proved in writing in advance. Under special circumstances, the employee should inform the employer of the rework time in advance.

The personal leave certificate should be given to the employer in the shortest time, no later than 8 days after the personal leave begins.

Chapter VI Health and Safety

Article 42 General principles

Employers should provide the best sanitary conditions.

Article 43 Social Insurance-Family Allowance

Employers must join the management of the national social insurance fund so that employees can enjoy the benefits of insurance. However, employees who have been protected by more preferential institutions can continue to enjoy this benefit in their own names.

Article 44 Medical Security and Hospitalization

Employees who are hospitalized or treated in the unit hospital can enjoy the established subsidies for disease prevention and mutual assistance in addition to the subsidies stipulated by enterprise health care laws and regulations, and enjoy the following benefits:

1) The deposit paid by the employer to the medical institution is used to guarantee the expenses that have occurred or will occur within a certain range when employees are hospitalized.

When the employer guarantees in the name of an individual, it must pay the employee's hospitalization expenses, which will be deducted from his salary regularly according to the contract signed by both parties after they go to work.

2) In the case of being hospitalized and holding an invoice from a Togolese government public hospital or medical institution, the employer shall bear 50% of the initial expenses for sick leave, and the expenses shall be half of the salary of the sick employee.

Medical insurance does not bear the following risks:

-Dental care

-Massage

-During the break.

Corrective gymnastics

-Pedicure and manicure care

—— Orthopedic instruments and dentures

-Glasses

-Transport to the hospital

If the employee's family members are hospitalized, the employer shall pay a deposit to the medical institution to pay for the hospitalization expenses of the employee that have occurred or will occur within a certain range.

The part borne by the family is determined according to the standards of the National Social Insurance Fund Management Office.

If the employing unit is the guarantor, the hospitalization expenses shall be paid by the employing unit, and the repayment funds shall be deducted from the employee's salary regularly according to the contract agreed by both parties.

In the process of establishing the general principles of medical insurance, it is suggested that enterprises establish mutual insurance companies with the industry when the staffing allows.

Chapters 7, 8 and 9 are omitted.

Chapter 10 Employee Flow

Article 53

If the employer can't solve the employee's transportation to work, it will pay the employee of 1-7 a transportation subsidy of 3,000 CFA francs.

Chapter 1 1 was omitted.

Chapter XII Employees' Obligations

Article 55

Unless otherwise stipulated or specially approved by the employer, employees can only work in one enterprise. Even after work, employees are not allowed to have behaviors that compete with enterprises or are not conducive to work.

Employees are also not allowed to disclose the information of the enterprise or the technology learned in the enterprise for the benefit of a third party.

Chapter XIII Discipline

Article 56

Employees who violate discipline or professional mistakes will be subject to the following disciplinary actions: written warning; Deduct 1-8 days' salary; Notice of early dismissal; If you make a serious mistake, you will be fired immediately.

The following mistakes are serious, but the severity of the mistakes is judged by the relevant judicial organs:

Refuse to work normally;

-Violation of normal operating procedures;

-Stealing;

-Start hitting people;

-divulging enterprise information or secrets.

-Drinking, etc.

After listening to the written or oral explanation of the employee personnel representative who made the mistake, the enterprise manager makes a written decision and submits it to the local labor law supervision department.

Imposing fines on miners without reason does not affect the implementation of disciplinary action.

Chapter XIV Settlement of Collective Disputes

Article 57

For handling collective disputes, please refer to Articles 2 1 1 to 220 of the Labor Law.

Chapter 15 Retirement

Article 58 Retirement age (omitted)

Article 59 Pension (omitted)

Chapter 16 Others

Article 60 Vocational training (omitted)

Article 6 1 Agreement comes into effect: This Agreement comes into effect on May 199 1.

(End)

Attachment:

Classification of employees' job grades

Workers are divided into different grades and grades according to their occupations. There are three levels: ordinary staff, managers and senior staff.

Ordinary employees are divided into seven grades:

Level 1: Laborers: stevedores and cleaners 2 1694 CFA francs (the same below).

The second level: engaging in simple labor.

(The salary is divided into five grades: 25540,26817,28157,29564,31043);

-Watch the door;

-Assistant salesman;

-Equipped with professional cleaning personnel;

Packaging workers; Sewing worker; Postman; Refueling worker;

-Clothing salesmen, etc.

Level 3: primary skills or technical work:

(The salary is divided into five grades: 3 1323, 32889, 34533, 36260 and 38073);

-Office Clerk: Send and receive documents and receive them.

-Telephone operators (up to 4 telephones)

-Shop assistant; Head waiter; Ordinary staff, etc

Level 4: Jobs requiring simple training:

(The salary is divided into five grades: 37857, 39750, 4 1738, 43825, 46016);

-Filing of documents;

-Invoice

-Ordinary typist

-Cashier

-Shop assistant: Be familiar with the goods and introduce them to customers.

Assistant nurse, etc

Level 5: Jobs with specific skills:

(The salary is divided into five grades, 44072, 46276, 48590, 5 1020, 53570).

-Sales staff: introducing goods, picking up and delivering goods, labeling, demonstrating goods, counting sales quantity, etc. )

-Typist (30 words per minute, accurate);

Archivist;

-store manager/small gas station manager;

Nurse;

-Warehouse keeper: Store and distribute goods.

Level 6: Highly skilled employees.

(The salary is divided into five grades, 5 1648, 54230, 5694 1, 59788, 62777).

Assistant accountant;

Level 7: Staff with certain professional knowledge and skills.

(The salary is divided into five grades, 70576,74105,7781778 10/700,85785).

-Accounting, etc.

Salary of management personnel: 8-65438+ 10,000 yuan; Senior staff:10-12-14-200,000.