【职场探温】莫让“无薪试岗”沦为法外之地

Core Viewpoint - The rise of "unpaid trial work" is emerging as a new trap that undermines workers' rights, revealing deep-seated governance issues in the labor market [1] Group 1: Nature of "Unpaid Trial Work" - "Unpaid trial work" is essentially a malicious circumvention of labor laws, as the Labor Contract Law in China stipulates that the probation period must be included in the contract duration and must specify the duration and salary [1] - Illegal enterprises deliberately blur the concepts of "trial work" and "probation," transforming the statutory probation period into an unregulated cheap labor period [1] - This practice bypasses the regulation that probationary wages cannot be lower than 80% of the contractual salary, allowing companies to dismiss employees under the pretext of "mismatch" [1] Group 2: Challenges Faced by Workers - Workers face difficulties in asserting their rights due to three main factors: 1. Difficulty in recognizing labor relationships, as illegal enterprises often evade written contracts and rely on verbal agreements, leaving workers helpless when faced with blank attendance sheets [2] 2. Bottlenecks in labor dispute resolution, with complaints taking months to process, creating pressure for workers eager to find employment [2] 3. An imbalance in employment leading to a loss of bargaining power for workers, who may feel compelled to accept unpaid trial work despite knowing its implications [2] Group 3: Solutions to the Dilemma - To address these issues, a multi-faceted approach is necessary: 1. Strengthening administrative oversight through a "double random, one public" inspection mechanism targeting frequently complained enterprises [2] 2. Improving legal remedies by shifting the burden of proof to enterprises in disputes and establishing a "one-stop service" for labor rights protection [2] 3. Building harmonious labor relations by enhancing union services, embedding labor rights education in recruitment, and increasing media supervision to raise social awareness [3]