Hiring Only To Sign A Trial Contract To Pay The Deposit First?

Employees are hired, and the company only signs a month trial contract with him. When they go to work, the company says they need to collect the deposit first, then they turn to work, but they almost lose their jobs.

Recently, Mr. Song, a worker, reflected his experience to this newspaper.

According to Mr. Song, he applied for an electrician post in a company, because he had complete license and work experience and was hired by the company immediately.

The company will immediately sign a contract with him, and he never thought that the company would be so eager to use him.

When he got the contract, he found it was "a"

"Let's try it for a month."

He thought it was reasonable to try first, and signed it.

On the second day, he officially went to work. But when he arrived, the manager found him and asked him to pay one thousand yuan in advance.

He could not figure out what uniform he wanted for an electrician. He could not wear it at work and would not wear it home.

In addition, why did he pay for the production of the badge? When the manager saw him hesitating, he said, this is the company's regulation, and all these deposits must be paid in the company's work, and will be returned as soon as he leaves.

He had to pay for his work.

The manager added that clothes and badges should be given to him for a period of time, because the company should be unified to produce outside.

On the first day of work, he checked some of the company's equipment. After working for only three or four hours, the manager told him that there was nothing to make him work.

The second day, again, it made him feel a little confused. Why did the company rush him in so much? Why did he arrange so much work every day? When he went to work on the third day, the manager came to him again to let him go to a branch office to rotate.

Since the company had such a request, he naturally listened to it. He arrived at the "branch office" that day, and the manager who received him said that the two companies had no relationship at all. If he wanted to come to work, he would go to the original company to resign.

What happened to him? The more he thought about it, the more he felt that the company was not reliable. He hurried back to the company and submitted a written resignation letter asking for resignation, and the manager agreed immediately.

He presented the return to the manager.

The manager said he would hit his bank card in a few days.

A week passed, and he did not receive a refund of the deposit.

Because he had found a new job and was busy at work, he had to call the manager to ask for it, so the manager would give it later, and later said he was on a business trip.

He felt that he had only been on duty for two days, and his salary was even. But the deposit would be refunded. Why was it delayed?

Luo Qiang, director of Shanghai red three rights law firm, believes that the company's practice is wrong.

First, it is not lawful to sign a trial contract only.

The labor contract law clearly states that the establishment of labor relations should be written in writing.

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If the term of a labor contract is less than one year for more than three months, the probation period shall not exceed one month; if the term of the labor contract is less than one year or less than three years, the probation period shall not exceed two months; the probation period of three years or more with a fixed term and no fixed term shall not exceed six months.

Only one probation period can be agreed between the same employer and the same worker.

A labor contract or a labor contract with a duration of completion for a certain period of work is less than three months, and no probation period shall be prescribed.

The probation period is included in the term of the labor contract.

The labor contract only stipulates the probation period, and the probation period is not established. The duration is the term of the labor contract.

Second, a deposit is charged.

The ninth provision of the labor contract law stipulates that the employing units shall not detain the workers' resident identity cards and other documents, nor require workers to provide guarantees or to collect property from other workers in other names.

Moreover, the so-called costumes and the cost of the badges are the cost that the company should pay, and should not be pferred to the workers.

Again, no wages.

Although Mr. song only worked for two days, the company should also pay its wages.

In addition, according to the "payment method of enterprise wages in Shanghai", when an enterprise or a laborer terminates or terminates the labor contract in accordance with the law, the enterprise shall pay the wages of the laborers once and for all when it is completed with the laborers.

Finally, no deposit is required.

It is not lawful to collect the so-called deposit, and it is even wrong for the company to delay it.

Luo suggested that Mr. song could take the deposit certificate and other evidence to complain to the labor supervision department so as to safeguard his legitimate rights and interests.

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