无薪试岗
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镇江润州法院:“无薪试岗”乱象频发,应多方发力保障劳动者权益
Yang Zi Wan Bao Wang· 2025-09-25 06:32
Core Viewpoint - The phenomenon of "unpaid trial work" is increasingly prevalent in the labor market, where companies set trial periods of 3 to 10 days and dismiss workers without pay, citing reasons like "lack of experience" or "mismatch" [1][2] Group 1: Issues in the Labor Market - "Unpaid trial work" undermines labor laws and fairness, causing significant distress and losses for job seekers, thereby affecting the overall health of the labor market [1] - Companies exploit "unpaid trial work" as a low-cost screening tool, treating trial workers as "temporary free labor" and showing a lack of respect for their rights [1] Group 2: Challenges for Workers - Workers face difficulties in defending their rights due to lengthy and costly processes, as the absence of signed labor contracts during trial periods complicates the establishment of labor relations [1] - Labor inspection and arbitration bodies struggle to recognize these relationships, allowing companies to continue their unlawful practices [1] Group 3: Recommendations for Improvement - To effectively curb "unpaid trial work," there needs to be a collaborative effort from various parties, including increased enforcement and penalties from labor inspection departments against companies that frequently use this practice [2] - Workers should enhance their awareness of rights and be willing to reject unreasonable "unpaid trial work" demands, seeking legal avenues to protect their interests [2] - Companies are encouraged to adopt proper hiring practices and assessment methods, moving away from short-sighted behaviors like "unpaid trial work" to foster a fair employment environment [2]
【职场探温】莫让“无薪试岗”沦为法外之地
Zheng Quan Shi Bao· 2025-08-25 18:29
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]