問(wen) 我(wo)現在(zai)在(zai)公司(si)屬于試用(yong)期員工(gong)，想咨(zi)詢一(yi)下，試用(yong)期不合(he)格可以繼續試用(yong)？

答(da) 勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)法(fa)第(di)十九條(tiao)規(gui)定(ding)(ding)(ding)(ding)了(le)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)的(de)上限(xian)(xian)，即勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)期(qi)(qi)限(xian)(xian)三(san)(san)個月(yue)(yue)以(yi)上不(bu)滿(man)一(yi)年(nian)(nian)(nian)的(de)，試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)不(bu)得(de)超過一(yi)個月(yue)(yue)；勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)期(qi)(qi)限(xian)(xian)一(yi)年(nian)(nian)(nian)以(yi)上不(bu)滿(man)三(san)(san)年(nian)(nian)(nian)的(de)，試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)不(bu)得(de)超過二個月(yue)(yue)；三(san)(san)年(nian)(nian)(nian)以(yi)上固定(ding)(ding)(ding)(ding)期(qi)(qi)限(xian)(xian)和(he)無固定(ding)(ding)(ding)(ding)期(qi)(qi)限(xian)(xian)的(de)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)，試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)不(bu)得(de)超過六個月(yue)(yue)。 如果(guo)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者在(zai)(zai)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)內達不(bu)到(dao)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)的(de)要(yao)求(qiu)，用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)可(ke)(ke)根據勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)法(fa)第(di)三(san)(san)十九條(tiao)之規(gui)定(ding)(ding)(ding)(ding)以(yi)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者在(zai)(zai)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)間被證明不(bu)符合(he)錄用(yong)(yong)(yong)(yong)(yong)(yong)(yong)條(tiao)件為由(you)解(jie)除(chu)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)，但不(bu)得(de)延(yan)(yan)長(chang)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)，用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)延(yan)(yan)長(chang)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)的(de)，屬于違(wei)法(fa)約(yue)定(ding)(ding)(ding)(ding)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)，需承擔(dan)相(xiang)應的(de)法(fa)律后(hou)果(guo)。 如果(guo)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)與(yu)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者約(yue)定(ding)(ding)(ding)(ding)的(de)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)未(wei)達到(dao)法(fa)律規(gui)定(ding)(ding)(ding)(ding)的(de)上限(xian)(xian)，比如，用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)與(yu)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者簽訂了(le)三(san)(san)年(nian)(nian)(nian)期(qi)(qi)限(xian)(xian)的(de)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)合(he)同(tong)(tong)，合(he)同(tong)(tong)中約(yue)定(ding)(ding)(ding)(ding)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)為三(san)(san)個月(yue)(yue)，未(wei)達到(dao)六個月(yue)(yue)的(de)上限(xian)(xian)，用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)可(ke)(ke)否在(zai)(zai)三(san)(san)個月(yue)(yue)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)滿(man)后(hou)以(yi)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者不(bu)符合(he)要(yao)求(qiu)為由(you)延(yan)(yan)長(chang)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)至六個月(yue)(yue)呢？如果(guo)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)與(yu)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者約(yue)定(ding)(ding)(ding)(ding)的(de)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)屆滿(man)的(de)，用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)延(yan)(yan)長(chang)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)，屬于再次約(yue)定(ding)(ding)(ding)(ding)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)的(de)情形，違(wei)反了(le)“同(tong)(tong)一(yi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)人(ren)單(dan)(dan)(dan)(dan)位(wei)與(yu)同(tong)(tong)一(yi)勞(lao)(lao)(lao)(lao)動(dong)(dong)(dong)(dong)(dong)(dong)者只能約(yue)定(ding)(ding)(ding)(ding)一(yi)次試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)”的(de)規(gui)定(ding)(ding)(ding)(ding)，同(tong)(tong)樣屬于違(wei)法(fa)約(yue)定(ding)(ding)(ding)(ding)試(shi)(shi)用(yong)(yong)(yong)(yong)(yong)(yong)(yong)期(qi)(qi)。