Rights and responsibilities
权利和责任
Employees on valid trial periods:
处于有效试用期的员工:
have all minimum employment rights and responsibilities (eg in relation to health and safety, minimum pay, annual holidays, public holidays, sick and bereavement leave and equal pay), except bringing a personal grievance for unjustified dismissal must be treated the same as other employees who aren’t on a trial period.
拥有所有最低就业权利和责任(如与健康和安全、最低工资、年假、公共假期、病假和丧假以及同工同酬有关),但因无理解雇而提出个人申诉的除外。必须与其他未处于试用期的员工一样对待。
Even if an employee is on a trial period, they can still bring a personal grievance on grounds other than about their dismissal, for example:
即使员工处于试用期,他们仍然可以以解雇以外的理由提出个人申诉,例如:
discrimination
区别对待
sexual or racial harassment
性骚扰或种族骚扰
pressure about union membership
关于工会成员资格的压力
continuity of employment under Part 6A of the Employment Relations Act 2000
《2000年就业关系法》第6A部分规定的就业连续性
if the employer does something that unjustifiably disadvantages them
如果雇主做了一些对他们不利的事情
if the employee starts working before the contract is signed
如果员工在合同签订前开始工作
if the employment contract does not mention that there is a trial period, or
如果雇佣合同没有提到有试用期,或者
the employment contract does not contain a notice period in case of dismissal or resignation.
雇佣合同不包含解雇或辞职的通知期。
In such cases, the employee may be able to take a personal grievance against the employer and the trial period may be deemed invalid by the Employment Relations Authority.
在这种情况下,雇员可以向雇主提出个人申诉,劳动关系局可能会认为试用期无效。
Example case study of a trial period found invalid(external link)
无效试用期的示例案例研究(外部链接)
Mediation is available to employees and employers at any time.
雇员和雇主可以随时进行调解。
If the employer doesn’t give the employee notice by the end of the trial period, then they are no longer on trial and their employment will continue.
如果雇主在试用期结束前没有通知员工,那么他们就不再试用,他们的工作将继续。
Giving notice of dismissal
发出解雇通知
If the trial period isn’t going well and the employer decides to dismiss the employee, they must give notice to the employee that they will be dismissed.
如果试用期不顺利,雇主决定解雇员工,他们必须通知员工他们将被解雇。
The notice:
通知:
must be the amount of notice in the employment agreement. If the employer doesn’t give the employee the right amount of notice then the trial period is invalid and the employee will continue to be employed (or if they were dismissed, they could bring a personal grievance for unjustified dismissal). For example, the employer can’t tell the employee that they are dismissed effective immediately if there is a 1 week notice period in their employment agreement.
必须是雇佣协议中的通知金额。如果雇主没有给员工适当的通知,那么试用期无效,员工将继续受雇(或者如果他们被解雇,他们可能会因不合理的解雇而提出个人申诉)。例如,如果员工的雇佣协议中有1周的通知期,雇主不能告诉员工他们被立即解雇。
must be given within the trial period, even if the actual dismissal takes effect after the trial period ends. For example, if the trial period is 8 calendar weeks and the notice period is 1 week, the employer must give notice to the employee before the end of the eighth week, even though the employee won’t leave until the end of their notice period.
必须在试用期内给予,即使实际解雇在试用期结束后生效。例如,如果试用期为8个日历周,通知期为1周,雇主必须在第八周结束前通知员工,即使员工在通知期结束前不会离开。
doesn’t have to have reasons for the employee’s dismissal.
不必有解雇员工的理由。
The employer doesn’t have to give reasons for a dismissal during a trial period, or give the employee a chance to comment before the dismissal. But it is good practice to tell the employee why they are being dismissed.
雇主不必在试用期内给出解雇的理由,也不必在解雇前给员工发表评论的机会。但告诉员工他们被解雇的原因是一种很好的做法。