Rights and legal protection for probationary employees
- Mr.Kriengkrai modest Boonsri
by the administrative or management jobs when employers want to employ any person as its employees. Employers also often want people to have the minimum qualifications for the job (Job Specification) must also have knowledge appropriate to work with (Competency) But while the decision to work no indications of any. I can clearly tell you that. Third party or candidate will have the ability to work and be able to adapt to the environment. As well as the culture of companies, the employers. Therefore, it is necessary to determine the stage of the recruitment process (Recruitment Process) so employers can decide whether the job applicant shall have the right knowledge to practical work. The procedure is experimental work (Probation), generally when employees go through trial. Employers will be added to the employee who is employed to ensure the welfare rights and benefits according to the regulations of the employers proudly. The delegation works perfectly on
probation means that the employer has agreed to accept an employee working. But the conditions for the Employee trial before a certain time so that employers have an opportunity to consider that employees have the right skills for the workplace. And able to adapt to the culture and environment of living in the establishment of the employer or not. But unlikely to be included in the non-life regarding the work, such as social orientation fellowship with friends. Etc. The
guidelines were currently in the Labour Protection Act 2541 does not prescribe the trial, as announced by the Interior Ministry of Labour Protection Clause 46. This announcement has been canceled. (Announce that it has canceled an experimental basis for that. Probation agreement must be in writing. Try it one time up to 180 days, and if the dismissal because the trial must be done during the 180-day), so it is the general manager of the employer (Management Right) to define the rules of the trial was based. as appropriate However, the rules must not be contrary to labor law. And according to the conditions and terms that employers and employees have agreed
terms and conditions of probation. If employers and employees can not agree on the conditions to have a trial of labor. Works under an employment agreement that no agreement probation. But if there will be a trial then have to be agreed on. On or before the labor contract customers. If the employee is employed, then get to work for some time now. Later changed his employer told the employee that this trial would be done or not. In the opinion of the author, and employers are not likely to be alone because no conditions of probation on the original agreement, the conditions of employment that are joined together. Therefore, employers are employed in this case to trial without the consent of the employee before the experiment works. If the employee refuses to probation employers to lay off may sign a dismissal is not justified by the law establishing the Labour Court and the Labour Section 49 was, therefore, to prevent the problem should set conditions for probationary employees from employment. Ever For in the trial that the law was not as well defined as to how to do. The employer and employee can agree verbally. Or is it a book However, to avoid any controversies. In the future, it should always be made in writing to each other. For the type or nature of the trial, employee law, it is not as well defined. So every job, employees can always agreed to probation. Whether the job requires knowledge of normal levels or academic level. Or even a simple matter, because workers in addition to the experimental work, or considering the works already. By the nature of the administration, employers also need to consider how the process works properly. Diligence in caring Tidiness Punctuality The ability to coordinate with co-workers, etc., as well as the ability to adapt to the culture of the employer as well. For the terms of the probation are not defined by law as well,
however, the Labour Protection Act, Section 118 stipulates that "the employer to pay compensation to an employee whose dismissal the following
: (1) Employees who work a full 120 days but less than one. year to pay at least the wage rate of the last 30 days ... .. "which translated that. If the employer terminated the employee before the expiration of 120 days from the start. (Dismissal during the first day until the 119), the employer is not required to pay compensation to the employee. It means an employee works. As well as conduct unbecoming to actually work with, not bullying or disliked each other personally and if termination occurs for reasons of failed experiments actually know that it would be a dismissal unfair. more According to the Supreme Court for 4216/2528 amount to probation. The law does not specify that. Employers will many times probationary employee time. Thus, depending on the agreement between the employer and employee that is connected to how many times. And each time, each time to a period of time as possible. Or probation for a year. (If the employee's dismissal when he worked at the 120 days that the employee did not commit any offense under section 119 of the Labour Protection Act 2541, employers are obliged to pay compensation to the employee itself) on probation. Then work or work-related conduct that is satisfactory or not it meets the standards set by the employer. Employers, therefore, the trial can continue.
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