問 我現(xian)在在公(gong)司(si)屬于試(shi)用(yong)期員(yuan)工，想咨詢一下(xia)，試(shi)用(yong)期不合格可以繼續試(shi)用(yong)？

答 勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)法(fa)第(di)十(shi)九條規(gui)定(ding)了試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)的(de)上(shang)(shang)(shang)限(xian)(xian)(xian)，即勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)期(qi)(qi)限(xian)(xian)(xian)三(san)(san)(san)個(ge)月以(yi)(yi)上(shang)(shang)(shang)不滿(man)一(yi)年(nian)的(de)，試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)不得(de)(de)超(chao)(chao)過一(yi)個(ge)月；勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)期(qi)(qi)限(xian)(xian)(xian)一(yi)年(nian)以(yi)(yi)上(shang)(shang)(shang)不滿(man)三(san)(san)(san)年(nian)的(de)，試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)不得(de)(de)超(chao)(chao)過二個(ge)月；三(san)(san)(san)年(nian)以(yi)(yi)上(shang)(shang)(shang)固(gu)(gu)定(ding)期(qi)(qi)限(xian)(xian)(xian)和無固(gu)(gu)定(ding)期(qi)(qi)限(xian)(xian)(xian)的(de)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)，試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)不得(de)(de)超(chao)(chao)過六個(ge)月。 如果(guo)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者在(zai)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)內達不到用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)的(de)要求(qiu)，用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)可根(gen)據勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)法(fa)第(di)三(san)(san)(san)十(shi)九條之規(gui)定(ding)以(yi)(yi)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者在(zai)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)間被證明不符合(he)錄(lu)用(yong)(yong)(yong)(yong)(yong)(yong)條件為(wei)由解除勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)，但不得(de)(de)延長(chang)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)，用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)延長(chang)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)的(de)，屬于違(wei)(wei)法(fa)約(yue)定(ding)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)，需承(cheng)擔相應的(de)法(fa)律后果(guo)。 如果(guo)用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)與勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者約(yue)定(ding)的(de)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)未(wei)(wei)達到法(fa)律規(gui)定(ding)的(de)上(shang)(shang)(shang)限(xian)(xian)(xian)，比如，用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)與勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者簽訂(ding)了三(san)(san)(san)年(nian)期(qi)(qi)限(xian)(xian)(xian)的(de)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)合(he)同(tong)(tong)，合(he)同(tong)(tong)中約(yue)定(ding)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)為(wei)三(san)(san)(san)個(ge)月，未(wei)(wei)達到六個(ge)月的(de)上(shang)(shang)(shang)限(xian)(xian)(xian)，用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)可否在(zai)三(san)(san)(san)個(ge)月試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)滿(man)后以(yi)(yi)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者不符合(he)要求(qiu)為(wei)由延長(chang)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)至六個(ge)月呢？如果(guo)用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)與勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者約(yue)定(ding)的(de)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)屆滿(man)的(de)，用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)延長(chang)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)，屬于再次(ci)約(yue)定(ding)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)的(de)情形，違(wei)(wei)反了“同(tong)(tong)一(yi)用(yong)(yong)(yong)(yong)(yong)(yong)人(ren)(ren)單(dan)(dan)(dan)位(wei)與同(tong)(tong)一(yi)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)者只(zhi)能約(yue)定(ding)一(yi)次(ci)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)”的(de)規(gui)定(ding)，同(tong)(tong)樣屬于違(wei)(wei)法(fa)約(yue)定(ding)試(shi)(shi)(shi)(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)。