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If I am working on a trial period, am I entitled to a salary?

If I am working on a trial period, am I entitled to a salary?

Do you disagree with the conditions offered to you in your new job? Find out what your rights are if you are in a trial period.

Did you start a new job and are you in a trial period? Although this modality of work is regulated, there are cases in which the National Superintendence of Labor Inspection (Sunafil) has had to intervene due to improper actions on the part of the employers of the private sector. Find out what benefits correspond to you if you are under this contractual regime.

To find out in depth all the details regarding this employment condition, La República spoke with the labor lawyer and teacher Christian Sanchez Reyeswho will share the necessary information so that your rights are not violated.

Is the trial period legal?

The lawyer points out that the trial period will be “legal” if it is established or agreed upon in accordance with current regulations without incurring in abuse of rights or fraud of law. Thus, the Jurisprudence of the Supreme Court of Justice has established that the probationary period must meet certain objective conditions, since it must not be used to perpetrate abuses of rights or fraudulent situations, thereby disproportionately affecting job stability.

Likewise, it is valid to indicate that this modality of work is regulated in the Single Ordered Text (TUO) of Legislative Decree No. 728, Labor Productivity and Competitiveness Law, approved by Supreme Decree No. 003-97-TR and specified in article 10.

Am I entitled to a remuneration?

With respect to the working conditions of a worker subject to a legal trial period (three months) or extended (from six months to one year), they are granted all the rights of the labor regime of private activity, except for protection against arbitrary dismissal.

The Court has indicated that the probationary period must be executed in good faith, serving as a period during which the employer tests the abilities of the workers for a certain job position, which must not be distorted for other purposes. . In such a way that if, for example, the employer does not justify the fulfillment of goals or objectives and even causes damage to the worker by using the trial period as a kind of carte blanche to arbitrarily terminate the contract, he must compensate the worker for the damages caused (for example, in a specific case the Court assesses that the worker left a previous job to apply and enter a new one.

Therefore, it is concluded that the worker who is providing services in the trial period must be registered on the payroll from the first day and receive a salary according to the law.

What sanctions can the employer receive in the event that it does not comply with the worker who is on probationary period?

As established by the entity, the employer would receive a strong economic sanction, as well as some others by Sunafil for breaches of social and labor regulations in the trial period and for each worker with whom he has not complied with the legal benefits.
Likewise, workers can go to the Judiciary

Is it allowed for a probationary worker to issue a receipt for fees?

The trial period applies to workers, that is, to anyone who provides paid services in a subordinate manner for an employer. If the services are provided in a subordinate regime (receiving orders, fulfilling a schedule, receiving working conditions, among others), then the worker must be registered on the payroll and enjoy all the rights of labor legislation.

Source: Larepublica

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