Probation has statutory limits and wage protections, and the same employer gets only one probation period
Chinese contracts of 3 months to under 1 year allow at most 1 month's probation; 1 to under 3 years allow 2 months; at least 3 years or an open-ended contract allow 6. An employer cannot restart probation after a transfer. Probation wages must meet the statutory same-role/80%-of-agreed-pay rule and the local minimum wage.
What it takes
Free. Compare the contract term and probation length before signing.
What you may gain
Probation maxima are 1 month for contracts ≥3 months but <1 year, 2 months for ≥1 but <3 years, and 6 months for ≥3 years or open-ended contracts. Task-completion contracts and terms below 3 months cannot include probation. The same employer and worker may agree probation only once. A contract stating only probation treats that period as the contract term, not valid probation. Pay may not be below the lowest same-role wage in the employer or 80% of the agreed wage, and must meet the local minimum. Actually served unlawful excess probation requires additional compensation at the post-probation monthly wage for the excess period. Dismissal during probation requires statutory grounds and an explanation.
Context & considerations
Common violations include 3 months' probation on a 1-year contract, renewed probation after transfer, and no social insurance during probation. Insurance starts with employment; see employer obligations. Probation dismissal does not automatically mean no payment; assess the legal grounds. Unlawful termination may attract 2N compensation.
Research & references
NPC Standing Committee (2007). Labor Contract Law, Articles 19–21 and 83. http://www.gov.cn/gongbao/content/2007/content_711013.htm