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alwkeel
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Asked: 2025-05-08T21:43:52+08:00 In:

How does the probation period work in Chinese employment contracts? How long is it usually?

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How does the probation period work in Chinese employment contracts? How long is it usually?
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      Begginer

      1. Legal Framework for Probation Duration

      China’s labor laws strictly regulate probation periods based on contract length, ensuring clarity for both employers and employees:

      Contract-Linked Limits

      • Short-Term Contracts (3 months ≤ duration < 1 year):Maximum probation period of 1 month.
      • Medium-Term Contracts (1 year ≤ duration < 3 years):Maximum probation period of 2 months.
      • Long-Term/Open-Ended Contracts (≥ 3 years):Maximum probation period of 6 months (the legal ceiling).

      Exceptions & Prohibitions

      • No Probation Allowed For:
        • Contracts lasting less than 3 months or task-based agreements.
        • Rehired employees (same employer cannot impose probation again for the same role).

      2. Employee Protections During Probation

      (a) Salary Standards

      Probationary wages must satisfy three conditions simultaneously:
      • At least 80% of the agreed monthly salary in the labor contract.
      • At least 80% of the minimum wage for equivalent positions in the company.
      • Not lower than the local statutory minimum wage set by the province/municipality.

      (b) Termination Rules

      • Employer Termination:Valid only if the employee:
        • Fails to meet clearly defined, documented job requirements (e.g., performance metrics).
        • Violates legally valid company regulations (policies must be communicated to employees in writing).
      • Employee Resignation:Right to resign with 3 days’ advance notice, without penalty or liability.

      (c) Illegal Practices to Avoid

      • “Pure Probation Contracts”:Contracts that specify only a probation period are invalid; the probation automatically becomes the full contract term.
      • Unlawful Extensions:Any probation exceeding legal limits requires the employer to compensate the employee for over-duration days at 100% of the post-probation salary.

      3. Addressing Common Violations

      (a) Wage Disputes

      • Underpayment/Non-Payment: File complaints with local labor authorities or initiate arbitration within 1 year of the violation.
      • Key Evidence: Retain pay stubs, contract copies, and performance evaluations to support claims.

      (b) Contract Deficiencies

      • Missing Written Contracts: Employers must sign formal contracts within 1 month of hire.
        • For delays beyond 1 month, employees can claim double wages for the uncontractual period (up to 11 months).

      (c) Forced Resignation

      • Illegal Termination Pressure: If employers create unsafe conditions or unethical pressure, employees may resign immediately and seek compensation for wrongful termination.

      4. Quick Reference Table

      Contract Duration
      Maximum Probation
      Critical Regulations
      3 months to under 1 year
      1 month
      Wages ≥ 80% of agreed salary/minimum wage standards
      1 year to under 3 years
      2 months
      No probation for rehired employees in the same role
      3+ years or open-ended
      6 months
      Excessive probation requires full-salary compensation

      Key Takeaways

      • Clarity in Contracts: Ensure probation terms align with legal limits at the time of hiring.
      • Documentation is Key: Employers must have written job criteria and policies; employees should keep records of all communications.
      • Local Variations: Some regions (e.g., Shanghai) enforce stricter compliance—verify with local labor bureaus or legal advisors for specific cases.
      By understanding these regulations, both parties can navigate probation periods fairly, minimizing disputes and ensuring legal compliance.