Research on the Application of Laws Protecting Workers' Rights and Interests During the Probation Period - From the Perspective of the "Labor Contract Law"

Abstract

In the modern labor relations system, the probation period serves as an important link between employers and employees, representing a crucial stage for both parties to mutually assess and adapt to each other. Currently, the imbalance between supply and demand in China's labor market still persists in some sectors, with employees remaining in a relatively vulnerable position within labor rela-tions. Some employers, leveraging their informational advantages and dominant position, frequently circumvent legal regulations and infringe upon the rights and interests of employees during the probation period. Such behaviors not only seriously harm the legitimate rights and interests of employees, trigger a large number of labor disputes, but also disrupt the fair competition order in the labor market and affect the harmony and stability of labor relations. According to sta-tistics from the Ministry of Human Resources and Social Security, in the past five years, disputes involving the probation period have accounted for an average of 18.7% of labor dispute cases nationwide, showing a rising trend year by year. Among them, disputes over probationary wages, termination of labor contracts, and agreement on the duration of the probation period have become the three major types of disputes, accounting for 35.2%, 31.5%, and 20.3% of probation-related disputes respectively. This data fully reflects the urgent reality of protecting employees' rights and interests during the probation period and exposes many issues in the current application of laws. Therefore, from the perspective of the Labor Contract Law, it is of great practical significance to conduct an in-depth study on the legal application issues concerning the protection of employees' rights and interests during the probation period.